Monthly Archives March 2016

KAMPA KOMMENT RE: USDA request to “REPUBLISH IN NEWSPAPER AGAIN” ….sadly KAMPA is once again INCORRECT, or shall we say, “MISREPRESENTING” THE ISSUE

Reading Time: 10 minutes

 

IGM PETE KAMPA during March 21, 2016 Monthly LDPCSD Board Meeting

IGM PETE KAMPA during March 21, 2016 Monthly LDPCSD Board Meeting

Yes, I know some would say it is a matter of splitting hairs, but I wholeheartedly disagree.

When you consider only some of the highlights:

thirty five years of public agency deceit and betrayal to 3,128 legal customers under Water License 11395; decades of festering community turmoil; obstruction by a 20 year chlorinated water cattle ranching special interest director who had started the business with a “liberated water meter” and is repeatedly elected to office by voters who neither use LDPCSD water or pay a thin dime to the district because of the way in which expanded district service boundaries were drawn by “water empire” inspired District employees and Directors, real estate and land development speculators; grand paper GIS illusions of an enormous water provider smack dab in the middle of drought prone Sierra Nevada fractured rock foothills; approved by the respective County LAFCos of Tuolumne and Mariposa without confirmation of alleged District assurances of being able to even provide water to proposed and/or approved land developments,  [LDPCSD CANNOT legally serve any of its 5,160 acre feet a year of MERCED RIVER WATER outside the PLACE OF USE regulations of LICENSE 11395;  a private water line without adequate “check meters” running through the director’s cattle ranch that had been specifically denied water prior to and during property acquisition; the very long history of significant unexplained LDPCSD water loss; a multi-million dollar land development/mortgage corporation employee on the board of directors and acting as LDPCSD GM; the unsolved February 27, 2012 arson of our administration office during research and investigation into the OUTSIDE PLACE OF USE ISSUE (the transfer of Merced River Water outside the permitted Place of Use under L11395 and the GROUND WATER SUBSTITUTION PROGRAM TO REMEDY THOSE ILLEGAL SURFACE WATER TRANSFERS), and all the little mistakes, errors, accidents, coincidences, failures, omissions, etc. ……

<take a breath Lew>

consider also the hundreds of millions of dollars (perhaps more) currently in play between private and public interests such as the MERCED IRRIGATION DISTRICT and its FEDERAL ENERGY REGULATORY COMMISSION (FERC) hydroelectric re-licensing endeavor along with the proposal to raise the spillway of LAKE McCLURE to hold more water and possibly backup the YOSEMITE NATIONAL PARK born MERCED RIVER maybe all the way to Briceburg CA amid concerns and challenges by environmentalists anticipating the potential destruction of the MERCED RIVER WILD AND SCENIC PROTECTED DESIGNATION…. so many things simultaneously seeming independent yet interconnected, bouncing off one another at one point yet later meandering in harmonious partnership at another,  yet all the while, these interests are orbiting about the central and unifying gravitational pull of BIG MONEY WHICH incorporates the satellite philosophy of “at any cost —- as long as another pays”.  

an active “cover-up theory” appears to be gaining more reality traction with every passing day. 

Blah, blah, blah…. regular viewers (hopefully) already know and understand this.

Back to the point:  PETE KAMPA, aka KAMPA COMMUNITY SOLUTIONS LLC, the current Interim General Management of the LDPCSD, advised at the MARCH 21, 2016 Monthly LDPCSD Board Meeting that the USDA RURAL DEVELOPMENT required re-publishing of something.

<AUDIO RECORDING> GROUND WELL PROJECT UPDATE BY KAMPA

 “But it’s been also waiting to hear from USDA RURAL DEVELOPMENT that has been many, many hours every single month …an, it’s been, just ahh, a zoo trying to get them to commit to the grant.  They’ve been working with us since February of last year …we followed everyone of their requirements, ahh the most recent one that we did was, republish in the newspaper again to meet ahh a current request,  that was submitted to them late last week   we hope to hear any day because I’ve got the DWR grant on hold until I hear back from them, kind of on hostage…..”  P Kampa

THIS IS WHAT KAMPA SAID WAS “REPUBLISHED”

PETE KAMPA decided not to publish the required USDA notice in the Mariposa Gazette - USDA said he must - even though PUBLIC COMMENT HAS BEEN CLOSED SINCE DECEMBER 2015.

PETE KAMPA decided not to publish the required USDA notice in the Mariposa Gazette – USDA said he must – even though PUBLIC COMMENT HAS BEEN CLOSED SINCE DECEMBER 2015.

SORRY FOR THIS INSERT & forgive the other mistakes.  I’m a little tired but felt this important enough to add.  I was listening to the audio over and over to make sure I had the right transcription of the KAMPA KOMMENT correct but hearing him use that word “hostage” again in that sense just hit me wrong –

ON HOSTAGE?  HOW DARE YOU USE A WORD LIKE “HOSTAGE” CONCERNING PUBLIC FUNDS IT APPEARS AS THOUGH YOU SECURED BY MISREPRESENTING THE FACTS TO THE USDA AND OTHER STATE WATER AGENCIES!

WHAT ABOUT THE 3,128 (approx 99%) OF LEGAL MERCED WATER USING HOSTAGES in the LAKE DON PEDRO RESIDENTIAL SUBDIVISION victimized by your SPECIAL BENEFIT RE-CONFIGURING OF OUR SURFACE WATER TREATMENT PLANT TO FURNISH WATER TO THOSE PROPERTIES THIS NON-PROFIT PUBLIC AGENCY COMMUNITY SERVICES DISTRICT HAS NO LEGAL DUTY OR MORAL OBLIGATION TO SERVE!

YOU PETE KAMPA & KOMPANY SHOULD BE FOCUSED on your duties of providing water to the property owners for whom that surface water treatment plant was designed, constructed, and intended to serve in the first place.  People have been programed to believe “COMMUNITY SERVICES DISTRICT” equates to anyone needing water in the general area of the LAKE DON PEDRO SUBDIVISION, I  do not believe California regulations and approved plans and orders support that position.

The people in this subdivision have a legally designed process that requires them only to pay for the costs in providing that which they receive – and they do not receive anything from KAMPA & KOMPANY catering to private special interests except higher bills! 

Say it with me viewers (should I be using pom-poms or doing gymnastics or something also?  lol)

THEY DID NOT WANT SUBDIVISION PROPERTY WITH WATER-

BUT ONLY SUBDIVISION WATER ON THEIR PROPERTY!

Yes indeed, the actual “HOSTAGES” (if such a word should even be used during the current war on terrorism where the word is used properly) are the legal customers who have been paying for this third party special benefit water service for decades by boards of directors with BUILT IN OBSTRUCTIONISM because elections are often determined by voters within “Expanded District Boundaries” who

  • do not receive water
  • cannot legally be served water under L11395
  • must provide their own “alternate source of water” (ground well water)
  • pay nothing to the district
  • yet can vote in district elections and determine outcomes?

That’s not right…what is that called again?  Oh yeah – GERRYMANDERING!

$&$&$&$&$

  GERRYMANDERING WIKIPEDIA

“In the process of setting electoral districts, gerrymandering is a practice that attempts to establish a political advantage for a particular party or group by manipulating district boundaries to create partisan-advantaged districts. The resulting district apportionment is known as a gerrymander (/?d??ri?mænd?r/); however, that word can also refer to the process. When used to allege that a given party is gaining disproportionate power, the term gerrymandering has negative connotations.

In addition to its use achieving desired electoral results for a particular party, gerrymandering may be used to help or hinder a particular demographic, such as a political, ethnic, racial, linguistic, religious, or class group, such as in U.S. federal voting district boundaries that produce a majority of constituents representative of African-American or other racial minorities, known as “majority-minority districts“.

$&$&$&$&$

Hey folks – add to this already unfair “set up environment” the fact that over half of the LDPCSD legitimate customer base are availability customers (LDPCSD fees paid with property taxes for future water service on their property) and are prohibited from voting in district elections due to respective county residency requirements!

Owners of property who receive no water and are legally prohibited from receiving MERCED RIVER water, pay nothing to the district yet can still never-the-less possess a voting power in district elections while legal future MERCED RIVER water users who have paid decades of availability fees on property taxes can not?

  Wow.  What a hi-jacked system.

KAMPA & KOMPANY wants to talk about “hostages”?  What a bunch of duplicitous, underhanded, sneaky ……  (1     2      3     5    ………breathe Lew, breathe……  back to subject of “republish in newspaper again” KAMPA KOMMENT…..)

REPUBLISH?

NOT CORRECT KOLONEL KAMPA.  The above PUBLIC NOTICE was published in the MARIPOSA GAZETTE because it WAS NOT published in the DECEMBER 2015 issue as it should have been.  The USDA required publication in the local newspaper of general circulation and as we all know up here in LAKE DON PEDRO that can be tricky business since the LDPCSD serves customers in both TUOLUMNE  COUNTY and MARIPOSA COUNTY.  Double the pleasure, double the fun huh?

Different county regulations, rules, laws, procedures, and of course different local publications of general circulation that carry legally mandated PUBLIC NOTICES for that county to “inform the public” as to various legal matters – past, present and taking place in the future.   Naturally the Sonora Union Democrat is published out of the city of Sonora in Tuolumne County and the Mariposa Gazette is published – yes!  Toss that viewer a cookie!  In the town of Mariposa, in (please only one cookie per topic) Mariposa County.

The LDPCSD in November had a notice published announcing the “availability” of this project grant money in both the Sonora Union Democrat and the Mariposa Gazette, however, after the 30 day comment period, the ”Notice of a finding of no significant impact (FONSI)”  was only published in the Sonora Union Democrat.  That is how I was able to view it last Sunday night in the online version of the Mariposa Gazette and thus able to pass it on to you folks.

So the recent publishing of the FONSI in the Gazette was actually the first time this information was published, not a republishing as advised by IGM PETE KAMPA.  Still, the public comment period has passed.  That just doesn’t seem right.  How could anyone comment about what KAMPA & KOMPANY were doing during the comment period in November-December when the actual conflicting activity did not take place until February of the next year?

Still seems like an exigent circumstance which should stop the process and generate a serious investigation as to what KAMPA & KOMPANY were doing with our pubic funds.

NO  NEW WATER SERVICE CONNECTIONS ALLOWED?

This is really interesting – it is my understanding that the grant application process for that $500,000 grant specifically stated the MONEY WAS NOT TO BE USED FOR EXPANDING WATER SERVICE, whether inside the legal place of use under L111395 or out.  The location didn’t matter  – no new service connections – period.  I am waiting for a Freedom Of Information Act (FOIA) Officer to approve the request and calculate the copying costs for the between 125-150 page document.  I don’t see why there should be an issue acquiring it though since it involves information about public money going to a pubic agency and will be forwarded to the public.

IF GRANT CONDITIONS STATED NO NEW CONNECTIONS…..

QUESTION: Then why was the LDPCSD Board on February 16th 2016 quickly trying to abolish the Resolution which prohibited further water connections outside the legal PLACE OF USE?

(Recall many things were in motion. MID knew a FOIA was coming but it just happened to get lost in route from West Sacramento to Merced.    LDPCSD Board President Danny Johnson thinks our attorney should re-name the “Outside MID POU properties” report because it sounded too negative [was this the suggestion of an MID employee when they tipped off LDPCSD to the FOIA request]?    THEN once finally receiving a walk-in FOIA request, MID eventually responds but develops some convenient selective memory problems refusing to acknowledge 15+ years of MID REQUESTED monthly water license 11395 compliance reporting by the LDPCSD? Strange, huh?)

ANSWER: Because new wells that were planned and constructed with public funds for that purpose (serving water outside permitted areas requiring ground water substitution) were coming on line; some customers were starting to ask inconvenient questions about questionable district activities; and water thirsty  land developers and speculators had been advocating and waiting for an “alternate source of water” for a  VERY LONG TIME!

EVEN MORE TO THE POINT – it is also my understanding that had the USDA been aware of this surreptitious plan for the grant money those funds would not have been provided to the LDPCSD.

NOT ONLY THAT, but the USDA had no idea about the history of RANCHITO WELL #1 or the fact it was a REMEDY WELL TO PRODUCE WATER TO REPLACE MERCED RIVER WATER THAT ILLEGALY LEFT THE PLACE OF USE!

KAMPA AND KOMPANY are using a legal remedy that was designed to fix multiple violations of the water license restrictions (one ground well) and turning it into a permanent “alternate source” supply water to provide properties with ground well water that are not entitled to under 11395!  What a con game.

That is big news.  I’m waiting to hear about my request to purchase that “whole enchilada”, but while our appetites are growling in anticipation of that full meal of information, how about a small tidbit just a morsel of more truth that has been removed from our rightful plates of understanding.

Here are two maps submitted by PETE KAMPA documenting the LDPCSD Water Service area, yet gosh darn it, he never told the USDA RURAL DEVELOPMENT GRANT agent  the reason we only had one well after decades of operation was because we violated the terms of L11395 so much the MERCED IRRIGATION DISTRICT demanded we monthly compliance report about the pumping and diversion of MERCED RIVER WATER outside the permitted PLACE OF USE.   Now, if it is true the grant would not be awarded if this information was made known – regardless of what KAMPA planned, seems to me this is still a material misrepresentation of the facts to obtain 1/2 MILLION DOLLARS to THEN WRONGFULLY USE TO EXPAND SERVICE.

Two different crimes in my mind.  Intentional misrepresentation of the facts to first secure the $500,000, and then the intent to misappropriate, not to mention the continuing deceit and fraud against the 3,128 legitimate customers of this district.  In my pissed-off not so humble opinion I might add, which of course doesn’t mean squat. State and/or Federal authorities need to investigate and figure out why our district is headed in such a direction without a vote of the 3,128 customers it is supposed to be serving.  Only the State and/or Feds can help as the Mariposa County District Attorney has refused.  Here are the maps showing just what I thought they would – an expanded service area with no explanation as to why such properties were not originally included.

Notice the primary expansion of L11395 boundary of subdivision to the north and east.

Notice the primary expansion of the L11395 boundary of the subdivision to the north and east (approx 1,000 acres of another proposed competing subdivision adjacent to the Lake Don Pedro subdivision which has the legal right to the water.

Same depiction of expanded service boundaries beyond subdivision (can't really see subdivision huh? just where they want to take our water)

Same depiction of expanded service boundaries beyond subdivision (can’t really see subdivision huh? just where they want to take our water)

Now here’s our District Service Boundary (map provided by MERCED IRRIGATION DISTRICT HOLDER OF LICENSE 11395) which is approved for, and follows, the subdivision boundary.  Notice that 1,000 acre subdivision is not included.  The district has operated under L11395 for over 35 years.

MERCED IRRIGATION DISTRICT PLACE OF USE (MIDPOU) PER WATER LICENSE 11395 UNDER WHICH THE LDPCSD PUMPS MERCED RIVER WATER FROM LAKE McCLURE

USDA Service Map of LDPCSD submitted by KAMPA B      MERCED IRRIGATION DISTRICT PLACE OF USE MAP FOR L11395 aka MID POU MAP       USDA SERVICE MAP of LDPCSD SUBMITTED BY KAMPA A

OK  Which map do you think people wanting water outside of the subdivision DO NOT WANT?

That’s right, the middle one.  Our district service area was planned to be served under the water license by pumping MERCED RIVER WATER from LAKE McCLURE to our SURFACE WATER TREATMENT PLANT and treated, stored and distributed to the properties within the subdivision.   PERIOD.

Remember how words were added to the draft of the agreement?

CALIFORNIA PUBLIC UTILITIES COMMISSION APPROVAL

THE CALIFORNIA PUBLIC UTILITIES COMMISSION APPROVED THIS ON JANUARY 21st, 1981:

CPUC DISTRICT SERVICE

and NOT

WHAT THE LDPCSD HAS TOLD CUSTOMERS FOR DECADES REGARDING THE DISTRICT’S PERMITTED SERVICE AREA:

LDPCSD SERVICE BOUNDARY MAP p3.

GOSH!  Once again, sure seems like misrepresentation to everyone involved, the 3,128 legal customers within the Lake Don Pedro subdivision and the USDA.

Sure seems more and more like a “massive cover-up” between LDPCSD and the MERCED IRRIGATION DISTRICT, but who else is involved?

Got to go – I have fallen waaaaay behind.

My best to yours, Lew

 

Categories: Uncategorized.

KAMPA KOMMENT RE: USDA request to “REPUBLISH IN NEWSPAPER AGAIN” ….sadly KAMPA is once again INCORRECT, or shall we say, “MISREPRESENTING” THE ISSUE

Reading Time: 10 minutes

 

IGM PETE KAMPA during March 21, 2016 Monthly LDPCSD Board Meeting

IGM PETE KAMPA during March 21, 2016 Monthly LDPCSD Board Meeting

Yes, I know some would say it is a matter of splitting hairs, but I wholeheartedly disagree.

When you consider only some of the highlights:

thirty five years of public agency deceit and betrayal to 3,128 legal customers under Water License 11395; decades of festering community turmoil; obstruction by a 20 year chlorinated water cattle ranching special interest director who had started the business with a “liberated water meter” and is repeatedly elected to office by voters who neither use LDPCSD water or pay a thin dime to the district because of the way in which expanded district service boundaries were drawn by “water empire” inspired District employees and Directors, real estate and land development speculators; grand paper GIS illusions of an enormous water provider smack dab in the middle of drought prone Sierra Nevada fractured rock foothills; approved by the respective County LAFCos of Tuolumne and Mariposa without confirmation of alleged District assurances of being able to even provide water to proposed and/or approved land developments,  [LDPCSD CANNOT legally serve any of its 5,160 acre feet a year of MERCED RIVER WATER outside the PLACE OF USE regulations of LICENSE 11395;  a private water line without adequate “check meters” running through the director’s cattle ranch that had been specifically denied water prior to and during property acquisition; the very long history of significant unexplained LDPCSD water loss; a multi-million dollar land development/mortgage corporation employee on the board of directors and acting as LDPCSD GM; the unsolved February 27, 2012 arson of our administration office during research and investigation into the OUTSIDE PLACE OF USE ISSUE (the transfer of Merced River Water outside the permitted Place of Use under L11395 and the GROUND WATER SUBSTITUTION PROGRAM TO REMEDY THOSE ILLEGAL SURFACE WATER TRANSFERS), and all the little mistakes, errors, accidents, coincidences, failures, omissions, etc. ……

<take a breath Lew>

consider also the hundreds of millions of dollars (perhaps more) currently in play between private and public interests such as the MERCED IRRIGATION DISTRICT and its FEDERAL ENERGY REGULATORY COMMISSION (FERC) hydroelectric re-licensing endeavor along with the proposal to raise the spillway of LAKE McCLURE to hold more water and possibly backup the YOSEMITE NATIONAL PARK born MERCED RIVER maybe all the way to Briceburg CA amid concerns and challenges by environmentalists anticipating the potential destruction of the MERCED RIVER WILD AND SCENIC PROTECTED DESIGNATION…. so many things simultaneously seeming independent yet interconnected, bouncing off one another at one point yet later meandering in harmonious partnership at another,  yet all the while, these interests are orbiting about the central and unifying gravitational pull of BIG MONEY WHICH incorporates the satellite philosophy of “at any cost —- as long as another pays”.  

an active “cover-up theory” appears to be gaining more reality traction with every passing day. 

Blah, blah, blah…. regular viewers (hopefully) already know and understand this.

Back to the point:  PETE KAMPA, aka KAMPA COMMUNITY SOLUTIONS LLC, the current Interim General Management of the LDPCSD, advised at the MARCH 21, 2016 Monthly LDPCSD Board Meeting that the USDA RURAL DEVELOPMENT required re-publishing of something.

<AUDIO RECORDING> GROUND WELL PROJECT UPDATE BY KAMPA

 “But it’s been also waiting to hear from USDA RURAL DEVELOPMENT that has been many, many hours every single month …an, it’s been, just ahh, a zoo trying to get them to commit to the grant.  They’ve been working with us since February of last year …we followed everyone of their requirements, ahh the most recent one that we did was, republish in the newspaper again to meet ahh a current request,  that was submitted to them late last week   we hope to hear any day because I’ve got the DWR grant on hold until I hear back from them, kind of on hostage…..”  P Kampa

THIS IS WHAT KAMPA SAID WAS “REPUBLISHED”

PETE KAMPA decided not to publish the required USDA notice in the Mariposa Gazette - USDA said he must - even though PUBLIC COMMENT HAS BEEN CLOSED SINCE DECEMBER 2015.

PETE KAMPA decided not to publish the required USDA notice in the Mariposa Gazette – USDA said he must – even though PUBLIC COMMENT HAS BEEN CLOSED SINCE DECEMBER 2015.

SORRY FOR THIS INSERT & forgive the other mistakes.  I’m a little tired but felt this important enough to add.  I was listening to the audio over and over to make sure I had the right transcription of the KAMPA KOMMENT correct but hearing him use that word “hostage” again in that sense just hit me wrong –

ON HOSTAGE?  HOW DARE YOU USE A WORD LIKE “HOSTAGE” CONCERNING PUBLIC FUNDS IT APPEARS AS THOUGH YOU SECURED BY MISREPRESENTING THE FACTS TO THE USDA AND OTHER STATE WATER AGENCIES!

WHAT ABOUT THE 3,128 (approx 99%) OF LEGAL MERCED WATER USING HOSTAGES in the LAKE DON PEDRO RESIDENTIAL SUBDIVISION victimized by your SPECIAL BENEFIT RE-CONFIGURING OF OUR SURFACE WATER TREATMENT PLANT TO FURNISH WATER TO THOSE PROPERTIES THIS NON-PROFIT PUBLIC AGENCY COMMUNITY SERVICES DISTRICT HAS NO LEGAL DUTY OR MORAL OBLIGATION TO SERVE!

YOU PETE KAMPA & KOMPANY SHOULD BE FOCUSED on your duties of providing water to the property owners for whom that surface water treatment plant was designed, constructed, and intended to serve in the first place.  People have been programed to believe “COMMUNITY SERVICES DISTRICT” equates to anyone needing water in the general area of the LAKE DON PEDRO SUBDIVISION, I  do not believe California regulations and approved plans and orders support that position.

The people in this subdivision have a legally designed process that requires them only to pay for the costs in providing that which they receive – and they do not receive anything from KAMPA & KOMPANY catering to private special interests except higher bills! 

Say it with me viewers (should I be using pom-poms or doing gymnastics or something also?  lol)

THEY DID NOT WANT SUBDIVISION PROPERTY WITH WATER-

BUT ONLY SUBDIVISION WATER ON THEIR PROPERTY!

Yes indeed, the actual “HOSTAGES” (if such a word should even be used during the current war on terrorism where the word is used properly) are the legal customers who have been paying for this third party special benefit water service for decades by boards of directors with BUILT IN OBSTRUCTIONISM because elections are often determined by voters within “Expanded District Boundaries” who

  • do not receive water
  • cannot legally be served water under L11395
  • must provide their own “alternate source of water” (ground well water)
  • pay nothing to the district
  • yet can vote in district elections and determine outcomes?

That’s not right…what is that called again?  Oh yeah – GERRYMANDERING!

$&$&$&$&$

  GERRYMANDERING WIKIPEDIA

“In the process of setting electoral districts, gerrymandering is a practice that attempts to establish a political advantage for a particular party or group by manipulating district boundaries to create partisan-advantaged districts. The resulting district apportionment is known as a gerrymander (/?d??ri?mænd?r/); however, that word can also refer to the process. When used to allege that a given party is gaining disproportionate power, the term gerrymandering has negative connotations.

In addition to its use achieving desired electoral results for a particular party, gerrymandering may be used to help or hinder a particular demographic, such as a political, ethnic, racial, linguistic, religious, or class group, such as in U.S. federal voting district boundaries that produce a majority of constituents representative of African-American or other racial minorities, known as “majority-minority districts“.

$&$&$&$&$

Hey folks – add to this already unfair “set up environment” the fact that over half of the LDPCSD legitimate customer base are availability customers (LDPCSD fees paid with property taxes for future water service on their property) and are prohibited from voting in district elections due to respective county residency requirements!

Owners of property who receive no water and are legally prohibited from receiving MERCED RIVER water, pay nothing to the district yet can still never-the-less possess a voting power in district elections while legal future MERCED RIVER water users who have paid decades of availability fees on property taxes can not?

  Wow.  What a hi-jacked system.

KAMPA & KOMPANY wants to talk about “hostages”?  What a bunch of duplicitous, underhanded, sneaky ……  (1     2      3     5    ………breathe Lew, breathe……  back to subject of “republish in newspaper again” KAMPA KOMMENT…..)

REPUBLISH?

NOT CORRECT KOLONEL KAMPA.  The above PUBLIC NOTICE was published in the MARIPOSA GAZETTE because it WAS NOT published in the DECEMBER 2015 issue as it should have been.  The USDA required publication in the local newspaper of general circulation and as we all know up here in LAKE DON PEDRO that can be tricky business since the LDPCSD serves customers in both TUOLUMNE  COUNTY and MARIPOSA COUNTY.  Double the pleasure, double the fun huh?

Different county regulations, rules, laws, procedures, and of course different local publications of general circulation that carry legally mandated PUBLIC NOTICES for that county to “inform the public” as to various legal matters – past, present and taking place in the future.   Naturally the Sonora Union Democrat is published out of the city of Sonora in Tuolumne County and the Mariposa Gazette is published – yes!  Toss that viewer a cookie!  In the town of Mariposa, in (please only one cookie per topic) Mariposa County.

The LDPCSD in November had a notice published announcing the “availability” of this project grant money in both the Sonora Union Democrat and the Mariposa Gazette, however, after the 30 day comment period, the ”Notice of a finding of no significant impact (FONSI)”  was only published in the Sonora Union Democrat.  That is how I was able to view it last Sunday night in the online version of the Mariposa Gazette and thus able to pass it on to you folks.

So the recent publishing of the FONSI in the Gazette was actually the first time this information was published, not a republishing as advised by IGM PETE KAMPA.  Still, the public comment period has passed.  That just doesn’t seem right.  How could anyone comment about what KAMPA & KOMPANY were doing during the comment period in November-December when the actual conflicting activity did not take place until February of the next year?

Still seems like an exigent circumstance which should stop the process and generate a serious investigation as to what KAMPA & KOMPANY were doing with our pubic funds.

NO  NEW WATER SERVICE CONNECTIONS ALLOWED?

This is really interesting – it is my understanding that the grant application process for that $500,000 grant specifically stated the MONEY WAS NOT TO BE USED FOR EXPANDING WATER SERVICE, whether inside the legal place of use under L111395 or out.  The location didn’t matter  – no new service connections – period.  I am waiting for a Freedom Of Information Act (FOIA) Officer to approve the request and calculate the copying costs for the between 125-150 page document.  I don’t see why there should be an issue acquiring it though since it involves information about public money going to a pubic agency and will be forwarded to the public.

IF GRANT CONDITIONS STATED NO NEW CONNECTIONS…..

QUESTION: Then why was the LDPCSD Board on February 16th 2016 quickly trying to abolish the Resolution which prohibited further water connections outside the legal PLACE OF USE?

(Recall many things were in motion. MID knew a FOIA was coming but it just happened to get lost in route from West Sacramento to Merced.    LDPCSD Board President Danny Johnson thinks our attorney should re-name the “Outside MID POU properties” report because it sounded too negative [was this the suggestion of an MID employee when they tipped off LDPCSD to the FOIA request]?    THEN once finally receiving a walk-in FOIA request, MID eventually responds but develops some convenient selective memory problems refusing to acknowledge 15+ years of MID REQUESTED monthly water license 11395 compliance reporting by the LDPCSD? Strange, huh?)

ANSWER: Because new wells that were planned and constructed with public funds for that purpose (serving water outside permitted areas requiring ground water substitution) were coming on line; some customers were starting to ask inconvenient questions about questionable district activities; and water thirsty  land developers and speculators had been advocating and waiting for an “alternate source of water” for a  VERY LONG TIME!

EVEN MORE TO THE POINT – it is also my understanding that had the USDA been aware of this surreptitious plan for the grant money those funds would not have been provided to the LDPCSD.

NOT ONLY THAT, but the USDA had no idea about the history of RANCHITO WELL #1 or the fact it was a REMEDY WELL TO PRODUCE WATER TO REPLACE MERCED RIVER WATER THAT ILLEGALY LEFT THE PLACE OF USE!

KAMPA AND KOMPANY are using a legal remedy that was designed to fix multiple violations of the water license restrictions (one ground well) and turning it into a permanent “alternate source” supply water to provide properties with ground well water that are not entitled to under 11395!  What a con game.

That is big news.  I’m waiting to hear about my request to purchase that “whole enchilada”, but while our appetites are growling in anticipation of that full meal of information, how about a small tidbit just a morsel of more truth that has been removed from our rightful plates of understanding.

Here are two maps submitted by PETE KAMPA documenting the LDPCSD Water Service area, yet gosh darn it, he never told the USDA RURAL DEVELOPMENT GRANT agent  the reason we only had one well after decades of operation was because we violated the terms of L11395 so much the MERCED IRRIGATION DISTRICT demanded we monthly compliance report about the pumping and diversion of MERCED RIVER WATER outside the permitted PLACE OF USE.   Now, if it is true the grant would not be awarded if this information was made known – regardless of what KAMPA planned, seems to me this is still a material misrepresentation of the facts to obtain 1/2 MILLION DOLLARS to THEN WRONGFULLY USE TO EXPAND SERVICE.

Two different crimes in my mind.  Intentional misrepresentation of the facts to first secure the $500,000, and then the intent to misappropriate, not to mention the continuing deceit and fraud against the 3,128 legitimate customers of this district.  In my pissed-off not so humble opinion I might add, which of course doesn’t mean squat. State and/or Federal authorities need to investigate and figure out why our district is headed in such a direction without a vote of the 3,128 customers it is supposed to be serving.  Only the State and/or Feds can help as the Mariposa County District Attorney has refused.  Here are the maps showing just what I thought they would – an expanded service area with no explanation as to why such properties were not originally included.

Notice the primary expansion of L11395 boundary of subdivision to the north and east.

Notice the primary expansion of the L11395 boundary of the subdivision to the north and east (approx 1,000 acres of another proposed competing subdivision adjacent to the Lake Don Pedro subdivision which has the legal right to the water.

Same depiction of expanded service boundaries beyond subdivision (can't really see subdivision huh? just where they want to take our water)

Same depiction of expanded service boundaries beyond subdivision (can’t really see subdivision huh? just where they want to take our water)

Now here’s our District Service Boundary (map provided by MERCED IRRIGATION DISTRICT HOLDER OF LICENSE 11395) which is approved for, and follows, the subdivision boundary.  Notice that 1,000 acre subdivision is not included.  The district has operated under L11395 for over 35 years.

MERCED IRRIGATION DISTRICT PLACE OF USE (MIDPOU) PER WATER LICENSE 11395 UNDER WHICH THE LDPCSD PUMPS MERCED RIVER WATER FROM LAKE McCLURE

USDA Service Map of LDPCSD submitted by KAMPA B      MERCED IRRIGATION DISTRICT PLACE OF USE MAP FOR L11395 aka MID POU MAP       USDA SERVICE MAP of LDPCSD SUBMITTED BY KAMPA A

OK  Which map do you think people wanting water outside of the subdivision DO NOT WANT?

That’s right, the middle one.  Our district service area was planned to be served under the water license by pumping MERCED RIVER WATER from LAKE McCLURE to our SURFACE WATER TREATMENT PLANT and treated, stored and distributed to the properties within the subdivision.   PERIOD.

Remember how words were added to the draft of the agreement?

CALIFORNIA PUBLIC UTILITIES COMMISSION APPROVAL

THE CALIFORNIA PUBLIC UTILITIES COMMISSION APPROVED THIS ON JANUARY 21st, 1981:

CPUC DISTRICT SERVICE

and NOT

WHAT THE LDPCSD HAS TOLD CUSTOMERS FOR DECADES REGARDING THE DISTRICT’S PERMITTED SERVICE AREA:

LDPCSD SERVICE BOUNDARY MAP p3.

GOSH!  Once again, sure seems like misrepresentation to everyone involved, the 3,128 legal customers within the Lake Don Pedro subdivision and the USDA.

Sure seems more and more like a “massive cover-up” between LDPCSD and the MERCED IRRIGATION DISTRICT, but who else is involved?

Got to go – I have fallen waaaaay behind.

My best to yours, Lew

 

Categories: Uncategorized.

Sneaky f@c&3%s ! Is this the KAMPA & KOMPANY “REPUBLISH IN THE NEWSPAPER AGAIN” MARCH 21 2016 LDPCSD BOARD MEETING reference?

Reading Time: 9 minutes

 

PLEASE CLICK HERE – LISTEN TO MUSIC AND RETURN – THANK YOU

That was quite a show, back then, even now.

SORRY FOLKS I COMPLETELY MISSED THIS PUBLIC NOTICE UNTIL SUNDAY NIGHT.

{I think it was planned that we all would actually.}

I played the audio of KAMPA’s ground well report again and sure enough he did not indicate

WHAT

was to be RE-PUBLISHED

WHERE?

LISTEN FOR YOURSELF: GROUND WELL PROJECT UPDATE BY KAMPA

You know I had, and have, a number of questions I would like answered by the DISTRICT but I already know they would not be seriously addressed or honestly answered. I believe individuals representing this public agency along with others have participated in activites that may very well be criminal in nature and are now compelled to actively conceal evidence and deny involvement.

MARIPOSA GAZETTE PUBLIC INFORMATION NOTICE IN THIS WEEKLY EDITION

FOUND THIS SUNDAY NIGHT MARCH 27 2016

FOUND THIS SUNDAY NIGHT MARCH 27 2016

 

Sneaky f@c&3%S  !  

HECK!  I was looking for another one of those deceitful “bait and switch articles” in one of the many newspapers KAMPA & KOMPANY spewed their disinformation about using ground water to sustain existing water customer service during the “DROUGHT EMERGENCY”.  Sorry, but if I didn’t honestly believe it was indeed a lie, I wouldn’t say so.

Unfortunately this wanna-be bumper sticker is RIGHT ON THE MONEY!

Unfortunately this wanna-be bumper sticker is RIGHT ON THE MONEY!

KAMPA & KOMPANY “BAIT AND SWITCH” MEDIA BLITZ

Yup, being a past board member for four years I became well acquainted with some of these Outside Place of Use properties (both active and proposed future use) and believe me, what KAMPA & KOMPANY are doing is not simply providing water for a “MA & PA’S DREAM HOME” but expansive projects including a number of different residential subdivisions.  Think of the water demand that will be created for more ground wells in the future?  And guess who pays?

Imagine that.  The Lake Don Pedro subdivision never developed as anticipated and we have struggled for decades but a major selling point has ALWAYS BEEN, (and will be if regulations are followed and OUR APPROVED WATER IS PROTECTED), that at least – if nothing else, we had water in these dry drought prone Sierra Nevada foothills.  A BIG SELLING POINT.

We had a CALIFORNIA STATE approved SURFACE WATER TREATMENT PLANT to pump some of FINEST QUALITY WATER IN THE STATE; a non profit COMMUNITY SERVICES DISTRICT that was set up to ONLY BILL WHAT IS NECESSARY TO PROVIDE THE WATER SERVICE TO THOSE ENTITLED TO MERCED RIVER WATER FROM LAKE McCLURE;  storage tanks and infrastructure to deliver it to over 3,100 properties in the subdivision with less than half of those properties already developed.

****************************************

CONSIDER THIS:

What has this DISTRICT BLAMED SO MANY OF THEIR (OUR)  PROBLEMS ON FOR DECADES?

WHY DON’T WE TAKE A LITTLE BREAK AND ASK ROD WHAT HE THINKS ABOUT THE ABOVE QUESTION?

WHAT WOULD ROD SAY?

Wish I had the time and skill to do the above correctly – you know, with music, video the whole nine yards.

*****************************************************

THE Mc CLURE POINT DEEP WATER INTAKE PROJECT!

Why has this project been ignored for decades?  Everyone agrees it makes the most sense towards a more permanent sustainable source.   Because it does not help those who need our water!   Whether you pump from Barrett Cove where we are now, or closer to Exchequer Dam where the water is deeper – it is STILL MERCED RIVER WATER and that which these outside properties can not legally use.

SPECIAL INTERESTS FROM THIS AREA have hi-jacked this surface water treatment plant and are turning it into “A WATER MAKING MACHINE FOR LAND DEVELOPERS”.

DIDN’T SLEEP WELL

First thing this morning I called the telephone number and spoke with Mr. Jose Guardardo and explained that although my concern was not environmentally based, I was interested in finding out exactly what service area was  presented by the district and approved for this review.  I advised my belief was that the reason for the well construction had been misrepresented by the district.  Mr. Guardado advised he was just leaving the office but could check into the matter upon his return.

Mr. Guardado called me back in a few minutes explaining the comment period was technically over because the original notice was published back in November.

Gosh, think about that folks.  What another  great big heaping pile of simmering ….coincidence.   A comment period prior to the District doing something to comment about – real cute.  

How could anyone comment in November about something that doesn’t happen until February?

WHY WAS THIS PUBLIC NOTICE (if this is even what KAMPA was referring to) REQUIRED BY THE USDA TO BE RE-PUBLISHED?  (It was a requirement according to PETE KAMPA but quite frankly the man does not always tell the truth so who knows what is actually happening?)

Surely such a new requirement (if requested by the federal government) would be in writing if concerning half a million dollars in federal grant money, and if so, why wasn’t that correspondence in the board packet so customers might understand what was happening?

Come to think of it, that was the same packet that the LDPCSD OFFICE MANAGER and BOARD SECRETARY SYNDIE MARCHESIELLO FAILED TO ATTACH to three of the five attendees long standing requests to be provided electronic agenda/committee and packet information.      

Remember when I contacted MERCED IRRIGATION DISTRICT by telephone inquiring about the compliance reporting having stopped since PETE KAMPA arrived? That was on February 10th and 11th.

I believe MID called the district and provided a head’s up game plan which resulted in the LDPCSD quickly planning on February 11th that special meeting after a four day weekend to rescind the resolution on February 16, 2016.   (KAMPA WAS BUSY PICKING UP ANOTHER “REMOTE GENERAL MANAGER’S POSITION” in LOS OSOS) 

Meanwhile MID is scrubbing their official records and memories of the 16 years of water license 11395 compliance reporting.  (Well at least they don’t use arson of their administration office for unwanted records.)  My Certified Request makes it out of the West Sacramento Post Office the following day (February 12th) in route to Merced – then it’s never scanned again.  POOF!  Coincidence.  A month or so later I find out LDPCSD President Danny Johnson suggested on Feb 16th at the Special Meeting that our attorney rename the “Outside MID POU Report something else less “negative”.    Then later on March 3, 2016 MID’s “legal unresponsive response” doesn’t even acknowledge 16 years of monthly compliance reporting they required our district to make because we couldn’t follow the regulations of water license 11395.  Their efforts couldn’t find 16 years of reports they requested?  Wow what a coincidence.

 Mr. Guardado then asked that I put my request for the information in writing and mail per the address in the public notice so he could contact the district and obtain whatever information he might need.  I advised I was only interested in what had already been submitted for the review – not what the district might say or produce now.  I thanked him and promised to have something in the mail later that day (Monday)[Sorry, it’s 0549 in the morning and I haven’t had any sleep.  I accidentally posted incomplete material and have been trying to finish since but I’m exhausted.  Think I just lost a bunch of stuff also.]

Typed up the request <below> and made two copies in case I decided to “hand deliver” the request to the USDA Office in Modesto and have some Taco Bell for lunch in Waterford on the way.  (That’s one thing I miss about living in a city – an available variety of fast food! lol)  USDA Jose Guardado request

Just before I left my house I checked my mailbox and discover USPS correspondence regarding my lost Certified Mail public information request to the MERCED IRRIGATION DISTRICT (holder of the water license the LDPCSD has operated under). <below>   After reading the polite but unhelpful letter (never answered some of my questions including THE BIG ONE where the next mail stop was for Certified Mail leaving that West Sacramento Post Office in route to Merced) I knew I was driving to Modesto.  Heck, if I can’t trust United States Postal Service $7.00 Certified Mail how would I know if Mr. Guardado received just regular “snail mail”?  Wait a week or two then telephone again?  This is how things go.  So OFF I go to Modesto.

Image (15)

OH YEAH, Waterford Taco Bell!

Government Center on Cornucopia Way x Crows Landing Modesto.

Government Center on Cornucopia Way x Crows Landing Modesto.

THE USDA RURAL DEVELOPMENT MODESTO OFFICE (in the Tuolumne Building to the right) is kind of misleading since Mr. Jose Guardado is “in the field” most of the time and only occasionally  shares office space at the address in the pubic notice.  When I was advised by another employee of the building that Mr. Guardado could not be contacted and may not be back until after the office closed I figured just dropping off the request personally and getting a stamped copy as receipt was worth the 98.6 mile round trip.  I asked the office representative Sara if she would mind explaining why a copy couldn’t be viewed in writing.

Everyone helpful but who I needed to see just wasn't in that day. Still dropped off request though.

Everyone helpful but who I needed to see just wasn’t in that day. Still dropped off request though.

<INSERT>  I want to make it perfectly clear that I sensed no willful or unnecessary obstruction what-so-ever – they are just two different department/agencies doing different jobs.  Everyone I spoke with was extremely helpful and understanding of the situation.

Now in all fairness, Mr. Guardado had no idea I was just going to show up at the listed office in the Public Notice without an appointment – heck, either did I when I talked with him earlier on the telephone because I had not read the USPS response yet.   Still, it would have been nice if a copy were left in that Modesto office for potential public review without requiring a USDA representative to be present, but making copies of all such assessments without knowing of a preexisting interest doesn’t make sense either.  Guess we’ll just have to wait awhile to see what the District submitted as the service area for this new well.

WHICH DISTRICT SERVICE MAP/411 DID PETE KAMPA/DISTRICT PROVIDE THE FEDERAL GOVERNMENT TO OBTAIN 1/2 MILLION DOLLAR GRANT for a ground well to provide water outside the legal place of Use?

 

PREVIOUS POST REGARDING CPUC APPROVED DISTRICT SERVICE AREA:

DETAIL DICTATES DECADES OF DISTRICT DECEIT – BIG piece of puzzle found

THIS IS THE ORIGINAL DISTRICT SERVICE MAP ON FILE WITH AND USED BY THE STATE OF CALIFORNIA

THIS IS THE ORIGINAL DISTRICT SERVICE MAP ON FILE WITH AND USED BY THE STATE OF CALIFORNIA

MID JULY 2008 POU MAP

 

IF HOWEVER, one of those other maps which shows district service outside the permitted L11395 service boundary is used (such as below) this again documents the District’s continued intention to expand district water service beyond what was legally transferred by Sierra Highlands Water Company (the actual permitted water service area for which every property owner in the subdivision has been paying for decades.) 

NOTICE THAT THE MID PLACE OF USE MAP IS IDENTICAL TO THE ORIGINAL SERVICE AREA MAP WITH THE EXCEPTION OF THE ONLY LEGALLY ANNEXED PROPERTY - THE SOUTH SHORE CLUB 2,010 ACRES TO THE WEST BELOW DON PEDRO RESERVIOR

 

SO THAT BRINGS US RIGHT BACK TO SQUARE ONE WITH THE QUESTION:

WHY SHOULD 99% OF LEGALLY ENTITLED CUSTOMERS UNDER WATER LICENSE 11395 (THOSE THAT LIVE IN THE SUBDIVISION WHO CONSUME WATER INCLUDING THOSE PROPERTY OWNERS WHO PAY AN AVAILABILITY FEE ON PROPERTY TAXES FOR FUTURE WATER SERVE) BE FINANCIALLY RESPONSIBLE FOR EXTENDING WATER SERVICE TO NON-ENTITLED PROPERTIES BY USE OF EXPENSIVE GROUND WELLS CONSTRUCTED WITH PUBLIC FUNDS?

(AND ONCE AGAIN – THESE OUTSIDE PLACE OF USE PROPERTIES ARE NOT THE TRADITIONAL HOME SITES AS WAS OBVIOUSLY CONTEMPLATED IN WATER LICENSE 11395 (UNDER WHICH THE LDPCSD HAS OPERATED FOR OVER THREE DECADES) FOR THE SUBDIVISION, IN FACT, MANY ARE PROPOSED COMPETING SUBDIVISIONS THAT NEED OUR WATER!)

CRAP CRAP CRAP – I’m so tired I just deleted a bunch of photos and other stuff!

TRY AGAIN:  TRIP BACK FROM MODESTO MONDAY:

LOOKS GOOD BUT WILL LAKE DON PEDRO GET SOME?

LOOKS GOOD BUT WILL LAKE DON PEDRO GET SOME?

20160328_25

What’s happening at Lake McClure since these storms?

Houseboats still in parking lots

Houseboats still in parking lots

Barrett Cove-Strange no seeing the marina

Barrett Cove-Strange not seeing the marina

Boat launching from McClure Point again

Boat launching from McClure Point again

MORE COMING

Hey the old train bridge concrete supports are practically under water again!

Hey the old train bridge concrete supports are practically under water again!

Lavender covered hills

Lavender covered hills

WHERE IS THIS NEW WELL IN BACK OF THE LDPCSD?

 

Is this the new well site, center right?

Is this the new well site, center right?

TO the left is the back of the LDPCSD COMPOUND – here’s a better zoom shot:

White tanks, vehicles and back of LDPCSD Office, to right raw water tank behind trees

TO THE LEFT: White tanks, vehicles and CENTER  of LDPCSD Office, to right raw water tank behind trees

 

Power is running out there overhead -

Power is running out there overhead –

IS THIS ANOTHER NEW GROUND WELL SITE

Local subdivision ponds almost spilling -good to see again

Local subdivision ponds almost spilling -good to see again

Rain has made the golf course's rough even rougher

Rain has made the golf course’s rough look even rougher but it’s still rather attractive

 

SHOULD PROBABLY GO BACK TO THE NAME HIDDEN HILLS GOLF CLUB

 

My best to you and yours, Lew

Categories: Uncategorized.

Sneaky f@c&3%s ! Is this the KAMPA & KOMPANY “REPUBLISH IN THE NEWSPAPER AGAIN” MARCH 21 2016 LDPCSD BOARD MEETING reference?

Reading Time: 9 minutes

 

PLEASE CLICK HERE – LISTEN TO MUSIC AND RETURN – THANK YOU

That was quite a show, back then, even now.

SORRY FOLKS I COMPLETELY MISSED THIS PUBLIC NOTICE UNTIL SUNDAY NIGHT.

{I think it was planned that we all would actually.}

I played the audio of KAMPA’s ground well report again and sure enough he did not indicate

WHAT

was to be RE-PUBLISHED

WHERE?

LISTEN FOR YOURSELF: GROUND WELL PROJECT UPDATE BY KAMPA

You know I had, and have, a number of questions I would like answered by the DISTRICT but I already know they would not be seriously addressed or honestly answered. I believe individuals representing this public agency along with others have participated in activites that may very well be criminal in nature and are now compelled to actively conceal evidence and deny involvement.

MARIPOSA GAZETTE PUBLIC INFORMATION NOTICE IN THIS WEEKLY EDITION

FOUND THIS SUNDAY NIGHT MARCH 27 2016

FOUND THIS SUNDAY NIGHT MARCH 27 2016

 

Sneaky f@c&3%S  !  

HECK!  I was looking for another one of those deceitful “bait and switch articles” in one of the many newspapers KAMPA & KOMPANY spewed their disinformation about using ground water to sustain existing water customer service during the “DROUGHT EMERGENCY”.  Sorry, but if I didn’t honestly believe it was indeed a lie, I wouldn’t say so.

Unfortunately this wanna-be bumper sticker is RIGHT ON THE MONEY!

Unfortunately this wanna-be bumper sticker is RIGHT ON THE MONEY!

KAMPA & KOMPANY “BAIT AND SWITCH” MEDIA BLITZ

Yup, being a past board member for four years I became well acquainted with some of these Outside Place of Use properties (both active and proposed future use) and believe me, what KAMPA & KOMPANY are doing is not simply providing water for a “MA & PA’S DREAM HOME” but expansive projects including a number of different residential subdivisions.  Think of the water demand that will be created for more ground wells in the future?  And guess who pays?

Imagine that.  The Lake Don Pedro subdivision never developed as anticipated and we have struggled for decades but a major selling point has ALWAYS BEEN, (and will be if regulations are followed and OUR APPROVED WATER IS PROTECTED), that at least – if nothing else, we had water in these dry drought prone Sierra Nevada foothills.  A BIG SELLING POINT.

We had a CALIFORNIA STATE approved SURFACE WATER TREATMENT PLANT to pump some of FINEST QUALITY WATER IN THE STATE; a non profit COMMUNITY SERVICES DISTRICT that was set up to ONLY BILL WHAT IS NECESSARY TO PROVIDE THE WATER SERVICE TO THOSE ENTITLED TO MERCED RIVER WATER FROM LAKE McCLURE;  storage tanks and infrastructure to deliver it to over 3,100 properties in the subdivision with less than half of those properties already developed.

****************************************

CONSIDER THIS:

What has this DISTRICT BLAMED SO MANY OF THEIR (OUR)  PROBLEMS ON FOR DECADES?

WHY DON’T WE TAKE A LITTLE BREAK AND ASK ROD WHAT HE THINKS ABOUT THE ABOVE QUESTION?

WHAT WOULD ROD SAY?

Wish I had the time and skill to do the above correctly – you know, with music, video the whole nine yards.

*****************************************************

THE Mc CLURE POINT DEEP WATER INTAKE PROJECT!

Why has this project been ignored for decades?  Everyone agrees it makes the most sense towards a more permanent sustainable source.   Because it does not help those who need our water!   Whether you pump from Barrett Cove where we are now, or closer to Exchequer Dam where the water is deeper – it is STILL MERCED RIVER WATER and that which these outside properties can not legally use.

SPECIAL INTERESTS FROM THIS AREA have hi-jacked this surface water treatment plant and are turning it into “A WATER MAKING MACHINE FOR LAND DEVELOPERS”.

DIDN’T SLEEP WELL

First thing this morning I called the telephone number and spoke with Mr. Jose Guardardo and explained that although my concern was not environmentally based, I was interested in finding out exactly what service area was  presented by the district and approved for this review.  I advised my belief was that the reason for the well construction had been misrepresented by the district.  Mr. Guardado advised he was just leaving the office but could check into the matter upon his return.

Mr. Guardado called me back in a few minutes explaining the comment period was technically over because the original notice was published back in November.

Gosh, think about that folks.  What another  great big heaping pile of simmering ….coincidence.   A comment period prior to the District doing something to comment about – real cute.  

How could anyone comment in November about something that doesn’t happen until February?

WHY WAS THIS PUBLIC NOTICE (if this is even what KAMPA was referring to) REQUIRED BY THE USDA TO BE RE-PUBLISHED?  (It was a requirement according to PETE KAMPA but quite frankly the man does not always tell the truth so who knows what is actually happening?)

Surely such a new requirement (if requested by the federal government) would be in writing if concerning half a million dollars in federal grant money, and if so, why wasn’t that correspondence in the board packet so customers might understand what was happening?

Come to think of it, that was the same packet that the LDPCSD OFFICE MANAGER and BOARD SECRETARY SYNDIE MARCHESIELLO FAILED TO ATTACH to three of the five attendees long standing requests to be provided electronic agenda/committee and packet information.      

Remember when I contacted MERCED IRRIGATION DISTRICT by telephone inquiring about the compliance reporting having stopped since PETE KAMPA arrived? That was on February 10th and 11th.

I believe MID called the district and provided a head’s up game plan which resulted in the LDPCSD quickly planning on February 11th that special meeting after a four day weekend to rescind the resolution on February 16, 2016.   (KAMPA WAS BUSY PICKING UP ANOTHER “REMOTE GENERAL MANAGER’S POSITION” in LOS OSOS) 

Meanwhile MID is scrubbing their official records and memories of the 16 years of water license 11395 compliance reporting.  (Well at least they don’t use arson of their administration office for unwanted records.)  My Certified Request makes it out of the West Sacramento Post Office the following day (February 12th) in route to Merced – then it’s never scanned again.  POOF!  Coincidence.  A month or so later I find out LDPCSD President Danny Johnson suggested on Feb 16th at the Special Meeting that our attorney rename the “Outside MID POU Report something else less “negative”.    Then later on March 3, 2016 MID’s “legal unresponsive response” doesn’t even acknowledge 16 years of monthly compliance reporting they required our district to make because we couldn’t follow the regulations of water license 11395.  Their efforts couldn’t find 16 years of reports they requested?  Wow what a coincidence.

 Mr. Guardado then asked that I put my request for the information in writing and mail per the address in the public notice so he could contact the district and obtain whatever information he might need.  I advised I was only interested in what had already been submitted for the review – not what the district might say or produce now.  I thanked him and promised to have something in the mail later that day (Monday)[Sorry, it’s 0549 in the morning and I haven’t had any sleep.  I accidentally posted incomplete material and have been trying to finish since but I’m exhausted.  Think I just lost a bunch of stuff also.]

Typed up the request <below> and made two copies in case I decided to “hand deliver” the request to the USDA Office in Modesto and have some Taco Bell for lunch in Waterford on the way.  (That’s one thing I miss about living in a city – an available variety of fast food! lol)  USDA Jose Guardado request

Just before I left my house I checked my mailbox and discover USPS correspondence regarding my lost Certified Mail public information request to the MERCED IRRIGATION DISTRICT (holder of the water license the LDPCSD has operated under). <below>   After reading the polite but unhelpful letter (never answered some of my questions including THE BIG ONE where the next mail stop was for Certified Mail leaving that West Sacramento Post Office in route to Merced) I knew I was driving to Modesto.  Heck, if I can’t trust United States Postal Service $7.00 Certified Mail how would I know if Mr. Guardado received just regular “snail mail”?  Wait a week or two then telephone again?  This is how things go.  So OFF I go to Modesto.

Image (15)

OH YEAH, Waterford Taco Bell!

Government Center on Cornucopia Way x Crows Landing Modesto.

Government Center on Cornucopia Way x Crows Landing Modesto.

THE USDA RURAL DEVELOPMENT MODESTO OFFICE (in the Tuolumne Building to the right) is kind of misleading since Mr. Jose Guardado is “in the field” most of the time and only occasionally  shares office space at the address in the pubic notice.  When I was advised by another employee of the building that Mr. Guardado could not be contacted and may not be back until after the office closed I figured just dropping off the request personally and getting a stamped copy as receipt was worth the 98.6 mile round trip.  I asked the office representative Sara if she would mind explaining why a copy couldn’t be viewed in writing.

Everyone helpful but who I needed to see just wasn't in that day. Still dropped off request though.

Everyone helpful but who I needed to see just wasn’t in that day. Still dropped off request though.

<INSERT>  I want to make it perfectly clear that I sensed no willful or unnecessary obstruction what-so-ever – they are just two different department/agencies doing different jobs.  Everyone I spoke with was extremely helpful and understanding of the situation.

Now in all fairness, Mr. Guardado had no idea I was just going to show up at the listed office in the Public Notice without an appointment – heck, either did I when I talked with him earlier on the telephone because I had not read the USPS response yet.   Still, it would have been nice if a copy were left in that Modesto office for potential public review without requiring a USDA representative to be present, but making copies of all such assessments without knowing of a preexisting interest doesn’t make sense either.  Guess we’ll just have to wait awhile to see what the District submitted as the service area for this new well.

WHICH DISTRICT SERVICE MAP/411 DID PETE KAMPA/DISTRICT PROVIDE THE FEDERAL GOVERNMENT TO OBTAIN 1/2 MILLION DOLLAR GRANT for a ground well to provide water outside the legal place of Use?

 

PREVIOUS POST REGARDING CPUC APPROVED DISTRICT SERVICE AREA:

DETAIL DICTATES DECADES OF DISTRICT DECEIT – BIG piece of puzzle found

THIS IS THE ORIGINAL DISTRICT SERVICE MAP ON FILE WITH AND USED BY THE STATE OF CALIFORNIA

THIS IS THE ORIGINAL DISTRICT SERVICE MAP ON FILE WITH AND USED BY THE STATE OF CALIFORNIA

MID JULY 2008 POU MAP

 

IF HOWEVER, one of those other maps which shows district service outside the permitted L11395 service boundary is used (such as below) this again documents the District’s continued intention to expand district water service beyond what was legally transferred by Sierra Highlands Water Company (the actual permitted water service area for which every property owner in the subdivision has been paying for decades.) 

NOTICE THAT THE MID PLACE OF USE MAP IS IDENTICAL TO THE ORIGINAL SERVICE AREA MAP WITH THE EXCEPTION OF THE ONLY LEGALLY ANNEXED PROPERTY - THE SOUTH SHORE CLUB 2,010 ACRES TO THE WEST BELOW DON PEDRO RESERVIOR

 

SO THAT BRINGS US RIGHT BACK TO SQUARE ONE WITH THE QUESTION:

WHY SHOULD 99% OF LEGALLY ENTITLED CUSTOMERS UNDER WATER LICENSE 11395 (THOSE THAT LIVE IN THE SUBDIVISION WHO CONSUME WATER INCLUDING THOSE PROPERTY OWNERS WHO PAY AN AVAILABILITY FEE ON PROPERTY TAXES FOR FUTURE WATER SERVE) BE FINANCIALLY RESPONSIBLE FOR EXTENDING WATER SERVICE TO NON-ENTITLED PROPERTIES BY USE OF EXPENSIVE GROUND WELLS CONSTRUCTED WITH PUBLIC FUNDS?

(AND ONCE AGAIN – THESE OUTSIDE PLACE OF USE PROPERTIES ARE NOT THE TRADITIONAL HOME SITES AS WAS OBVIOUSLY CONTEMPLATED IN WATER LICENSE 11395 (UNDER WHICH THE LDPCSD HAS OPERATED FOR OVER THREE DECADES) FOR THE SUBDIVISION, IN FACT, MANY ARE PROPOSED COMPETING SUBDIVISIONS THAT NEED OUR WATER!)

CRAP CRAP CRAP – I’m so tired I just deleted a bunch of photos and other stuff!

TRY AGAIN:  TRIP BACK FROM MODESTO MONDAY:

LOOKS GOOD BUT WILL LAKE DON PEDRO GET SOME?

LOOKS GOOD BUT WILL LAKE DON PEDRO GET SOME?

20160328_25

What’s happening at Lake McClure since these storms?

Houseboats still in parking lots

Houseboats still in parking lots

Barrett Cove-Strange no seeing the marina

Barrett Cove-Strange not seeing the marina

Boat launching from McClure Point again

Boat launching from McClure Point again

MORE COMING

Hey the old train bridge concrete supports are practically under water again!

Hey the old train bridge concrete supports are practically under water again!

Lavender covered hills

Lavender covered hills

WHERE IS THIS NEW WELL IN BACK OF THE LDPCSD?

 

Is this the new well site, center right?

Is this the new well site, center right?

TO the left is the back of the LDPCSD COMPOUND – here’s a better zoom shot:

White tanks, vehicles and back of LDPCSD Office, to right raw water tank behind trees

TO THE LEFT: White tanks, vehicles and CENTER  of LDPCSD Office, to right raw water tank behind trees

 

Power is running out there overhead -

Power is running out there overhead –

IS THIS ANOTHER NEW GROUND WELL SITE

Local subdivision ponds almost spilling -good to see again

Local subdivision ponds almost spilling -good to see again

Rain has made the golf course's rough even rougher

Rain has made the golf course’s rough look even rougher but it’s still rather attractive

 

SHOULD PROBABLY GO BACK TO THE NAME HIDDEN HILLS GOLF CLUB

 

My best to you and yours, Lew

Categories: Uncategorized.

THANK YOU MOM (AND DAD) – I LOVE YOU TOO – HAPPY EASTER SUNDAY

Reading Time: 6 minutes
MUCH MORE THAN JUST ANOTHER BOOK

MUCH MORE THAN JUST ANOTHER BOOK

I would like to take this opportunity to once again apologize for my occasional frustrated outbursts or attempted humor with the use of what most of us would consider “bad or foul language”.   I know, I know, I am an aging adult and not violating any state/federal law concerning this free speech issue but that doesn’t change the fact I was raised by my Mom and Dad to not do such things.  Jeez, guess that early training must have really “taken” because here I am decades later whining to unknown folks on the internet about twinges of guilt and remorse for venturing beyond a childhood rearing approved vocabulary list.  Lol

And no, in a preemptive response to the suggestion that my brother and I were “beaten” or otherwise “excessively punished” for misbehavior, I must say just to keep the record straight, the far majority of our guidance, training and education had been successfully programmed with more loving methods of correction.  (Although I do recall a few occasions when “a good talking to” was insufficient and physical correction was utilized.)

I guess there is no sense in belaboring the subject (using bad language every once in a while on this site) because I am determined to use whatever techniques are available in furtherance of enlightening fellow “legally entitled MERCED RIVER WATER USERS” in the sincere hope of correcting the illogical (and I believe illegal) special interest course on which KAMPA KOMPANY and the BOARD OF DIRECTORS has set for the future of our Community Services District.

[Can you not “feel” the subdued and pressured emotion between the lines of that excessively long rambling explanatory sentence?]

A few weeks ago I was digging through approximately 20 banker’s boxes of records I have collected through the years (that “Packrat Syndrome again – which may not be a bad idea considering the LDPCSD’s penchant for misplacing, loosing and destroying business records) and accidentally knocked over a loose stack of papers creating yet another paper avalanche sprawled on the floor.   While picking up the papers I decided to clear off some shelf space to make room for this ever expanding collection of documents when I stumbled across one of the numerous books I inherited from my parents.

I was ready to toss it in another direction and out of the way when a small piece of aged yellow folded paper caught my eye between the pages near the book binding.   What the heck is this – a bookmarked alert of important information lying between those particular pages of a Reader’s Digest book?   I picked up and opened the book and scanned the two open pages but did not observe any earth shattering information which would have necessitated a bookmark.

Alas!  Actually another “emotional time bomb” (that’s what I call them) which are little mementos that trigger pleasant memories and thoughts of years past and “explode within my heart and mind”.

Like a miracle medicine for disease of the spirit, the traditional course of treatment after “detonation” involves a sudden impromptu and strong emotional release followed by retrospective thought, relaxation, thankfulness, and peace.  Yes I am referring to a real “tear jerker”.   lol

This is difficult to adequately express because it has so much to do with concepts of time, coincidence, luck, probability, human nature, politics, deeply held beliefs, exposure to and acceptance of particular religious teachings, “once burned, twice shy” defense mechanisms, etc.  You know, basically living our lives with and through the infinite blessings and afflictions inherent in just “being” on this plane of existence?  The divergent ways in which we as humans interpret life, learn from experience and develop methods of navigation through or around the naturally occurring and man-made obstacles that prevent or hinder our achieving happiness and/or peace.

I actually work at trying to see the “bright side” of things when possible and am indeed quite optimistic about much yet like everyone else have felt victimized by the wrongful acts of others at times.  Now I am getting older with the advantage of sixty years of past experience behind me, I look back with chagrin and realize others may very well feel I had victimized them while struggling with and through my own maze of life choices of doing what I thought to be right.  I guess in some respects we are all just victims of other victims.

“And Forgive us Our Trespasses, as we Forgive those who Trespass against Us”

BREAKING NEWS ALERT!  LIFE IS NOT ALWAYS FAIR!

A “life lesson” that irrevocably changed my course involved being subjected to abuse of public trust and authority.  Once something like that happens to some people the pain is so deep, severe and unrelenting they begin to question everything.  How they were raised, how they previously viewed and interpreted their environment and what is “right and wrong” because up until that point their traditional methods of living had been relatively successful.  Was my basic understanding of how things were supposed to work flawed or incorrect? Was I taught and trained wrong?  Has it ALWAYS been like this and I just didn’t know?  Did I miss a REALITY 101 course somewhere?  Why don’t schools, colleges and universities require classes that teach greed and corruption are the ruling forces and everything else is just “busy work” to keep the masses controlled and unaware?  Is there really any such thing as justice?

Ever see the movie “BACK TO SCHOOL” with Rodney Dangerfield?  There is a very funny part where Dangerfield (a very successful older businessman returning to school to assist his son) explains to the Economics Professor how reality differs from what is taught regarding how building a successful business is actually achieved.

lol Break: 

Richard Pryor once commented that he had like many others had gone to court looking for justice but all he found was “just us”.

A traumatic experience makes it difficult for some to not actively prepare for a potential re-occurrence of whatever triggered the pain – which obviously may or may not ever happen again.  Fool me once, shame on you – fool me twice, shame on me.  Of course being over-prepared or constantly concerned or fearful about a similar re-occurrence is not healthy either – probably something in between would be the most appropriate and sensible course.  (Prepare or quit?  Getting back on the horse that threw you vs never riding a horse again.)

You know, this is getting way too long and drawn out.  I proof-read but add a little here.  Proof-read again, add a little more there……proof read…..

…… suffice it to say I am a bit hyper-sensitive concerning issues involving abuse of public power and authority to achieve personal advantage and/or profit.

SO WE GET OLDER

Then, at the end of this “life equation” made up of experience, interpretation and adaptation comes the arrival of an ultimate solution to the natural accumulation of pain and suffering. [There is of course a corresponding accumulation of love, peace and joy.] It seems sometimes as though, as one life is released (from pain and suffering) and others are introduced and exposed to the finality of that process, the pain and suffering is somehow transformed into something else and transferred to those left behind.  The most common and recognizable forms being sadness, grief and remorse.  [But once again, there are corresponding positive forms such as happiness, celebration and acceptance.]

There I go – getting way out there again, let’s corral this puppy and get it over with, huh?

How we deal with loss is important and extremely influential in how we deal with what lies ahead.  Like many of you out there I have in the recent past experienced the end of life journeys of others who were important in my life and frankly, I am still wrestling a bit with some of the residual emotions of what “life lessons” were actually learned.  Complicated issue this life and death stuff.

Recognizing life lessons, and how some were so lovingly introduced and taught, will occasionally “jump up” at unexpected times catching me off guard and ill prepared for the resulting spike in thankful emotional response.  This immediate response is short lived, cathartic and always appreciated as another one of the many blessings in what is my life.

Mom and Dad taught us many things with loving examples

Mom and Dad taught us many things with loving examples

 

My best to you and yours this Easter Sunday, Lew

Categories: Uncategorized.

NEW 411 PROVIDES BETTER UNDERSTANDING

Reading Time: 4 minutes

I was doing some research on the “Outside Place of Use issue” when I re-discovered some public records documenting the sudden resignation by EMERY ROSS shortly after being elected to the LAKE DON PEDRO COMMUNITY SERVICES DISTRICT BOARD OF DIRECTORS in 2005.

EMERY ROSS was elected in November 8, 2005; Oath of Office sworn on December 19, 2005, and resigned January 4, 2006 when he personally submitted a written resignation with an effective date to the LDPCSD office.

These first five (5) communications were received in the office on January 4th 2006 and addressed the following issues:

  1. Notice of resignation and effective date
  2. Ross name plate not present on the dais in front of his chair
  3. ADA (Americans with Disabilities Act) request for sensitivity training policy (unknown who made the handwritten notes, likely office staff or board member)
  4. Request that his board packet be the same color as those of other directors, and,
  5. Request for new Staff reporting format with required signature.

These submitted, and office stamped, communications are pretty much self explanatory.  Regarding number #4 however, if you have never attended a Board Meeting you would have no idea that Emery’s packet was often printed on color paper, usually light blue as I recall, because it made reading easier.  (This “different packet” has been brought up a number of times by meeting attendees curious if Director Ross was reviewing the same material as the rest of the board and audience.)  No big deal in my mind.  I did a little research on the subject and discovered various colors are in fact of great assistance for folks with certain reading and comprehension difficulties.

TIPS FOR READING

PRINT STYLE GUIDE

“DYSLEXIC LIKE ME” INFORMATION PAGE

The paper color should never have been an issue in the first place (if is was), for that is a very easy accommodation, but I do understand concern over some of the difficulties with special text and font style formatting and printing of all the packet information since much of it is comprised of only copies of the originals.  Reformatting charts, graphs, financial spread sheets, etc. would also naturally be much more difficult – if such requests were even made.  (Jeez, I couldn’t even get some of those old LDPCSD files to print correctly in their provided format!  lol)

ANYWAY, I have a much better understanding now of why so many special requests have been made through the years such as #5  above for a brief “heads up” staff analysis of subject information.  Actually, I think all of us would probably appreciate brief accurate reports of complex matters versus spending much time reading massive amounts of material.  (Weekends before Monday meetings for me were always occupied with reading packet material and I admit it ticked me off when I repeatedly observed precious board time being wasted with numerous questions needlessly asked due to the material obviously not having been read and/or understood.)

Unfortunately, reading and comprehending enormous amounts of district information is often required to adequately prepare for discussion and well informed fact based responsible decisions.  An unfortunate and common result of not doing this is a director who votes on advice and/or the desire of others.

Whether or not the presence of such “hidden disabilities” (as Ross referenced) should be disclosed to the voting pubic by those seeking election to a public agency director position is something I am neither qualified or inclined to address right now.   Suffice it to say it would appear to be a personal decision for  the individual candidate based on their self confidence in ability to responsibly discharge the duties of that position on behalf of the public.  This obviously assumes the honest motivation for serving the public and not themselves.

Unfortunately, as discussed in some of the information on the subject, reading and comprehension difficulties are too often incorrectly, and unfairly, interpreted by others as indicating laziness or apathy for the work.  Sensitive subject, diverse opinions, we have all likely experienced this on some level,  enough said.

I really liked the below display that was outside the Mariposa County Board Room near the exit (maybe it is still there) which illustrates the amazing contributions by those with challenges.    Old post photo:  MENTAL ILLNESS

Diversity is good.  Sure would be a boring world if we were all the same huh? Reminds me, ever see that commercial, I think it is about estate planning or something, where it involved a lady making clones (copies) of herself in order to complete a lot of demanding work yet their private interests outside of work varied and subsequently required special financial retirement arrangements – the point of the advertisement?  Anyway, every time I catch myself wishing I could clone four more “me” to get more work done around here I realize even if I could, it would likely result in a five way argument with nothing getting done at all!   LOL!

Regardless of the reasons for any ADA based requested accommodations (which again are fine) the actual reason for that resignation appears to be quite different than concern over committing insurance fraud by being an elected official, but you can decide that for yourself.

REFER TIME LINE: Mar 29 2008, NEW  “ROSS RESIGNATION EXCUSE” TWO+ YEARS LATER 

OK, here are the ROSS January 4th, 2006 communications which do help explain some contradictory information.

Ross Jan 4 2006 Resign Email 1 Submitted ResignationRoss Jan 4 2006 Resign Email 2 Name PlateRoss Jan 4 2006 Resign Email 3 ADA and SENSITIVE TRAININGRoss Jan 4 2006 Resign Email 4 Board PacketRoss Jan 4 2006 Resign Email 5 Staff Reports

 

My best to you and yours, Lew

Categories: Uncategorized.

MEET YOUR LDPCSD DIRECTORS AND MANAGEMENT

Reading Time: 1

PLEASE ALLOW ME TO INTRODUCE YOU TO

YOUR

LAKE DON PEDRO COMMUNITY SERVICES DISTRICT BOARD OF

BOARD OF DIRECTORS

(L-R) President Danny Johnson, Vice President Dan Hankemeier, and Director James Sult

(L-R) President Danny Johnson, Vice President Dan Hankemeier, and Director James Sult

(L-R) Directors Emery Ross and Russell Warren

(L-R) Directors Emery Ross and Russell Warren

(L-R) Chief Plant Operator Randy Gilgo and of course, Pete Kampa

(L-R) Chief Plant Operator Randy Gilgo and of course, Pete Kampa

My best to you and yours, Lew

Above introduction inserted from original page:  UPDATE FOR MARCH 21 2016 LDPCSD BOARD MEETING

Categories: Uncategorized.

DETAIL DICTATES DECADES OF DISTRICT DECEIT – BIG piece of puzzle found

Reading Time: 2 minutes

I think most of you are quite aware of my frustration with, and distrust for certain LAKE DON PEDRO COMMUNITY SERVICE DISTRICT historical documents that really cannot seriously even be considered business records.   These documents were furnished by the LDPCSD in response to my request for Public Information regarding how this District was formed and has been operated for decades.   I say that these are not true records because these copies of agreements, contracts, and such often were not properly signed by all parties involved; when signed there was no legible clue as to the actual name of the person or authority under which they signed; even the date of the transaction was missing.   Typically when one agreement referenced another document as being an Attached Exhibit, that Exhibit was never attached.  In fact, in the present research of Sierra’s transfer of property to the LDPCSD, EXHIBIT C has never been found.  Heaven knows I’ve requested it for several years.

As I previously suggested somewhere in this mess of information overload, the documents were likely copied prior to being signed by the other parties and just filed in a cabinet folder.

Yet we are expected to believe these incomplete documents were never replaced or augmented with the California PUC returned and finalized original that was dated, signed, and described the district’s service boundary?

You know it is absolutely amazing how fast internet access and retrieval of information is changing regarding the increasing volume of material available.  Sometimes it is only a matter of months, weeks or days in obtaining the previously unobtainable.  Of course persistence also often pays off.

ANYWAY, I believe I’ve found a very important official document with which we can now use to better evaluate and understand other activities occurring around that same time period.     Rather than a generalized time period using LDPCSD records an official legitimate CPUC DOCUMENT finally proves WHEN & WHAT Sierra actually transferred to the LDPCSD.   (That TIME LINE was a good addition huh?)

SURE LOOKS TO ME LIKE FRAUD AND MISUSE/MISAPPROPRIATION OF PUBLIC FUNDS FOR OVER THIRTY-FIVE YEARS, but I’ll tell you what I really think after you read this NEW INFORMATION for yourself.  Lol

Less than five (5) months after the LAKE DON PEDRO COMMUNITY SERVICES DISTRICT was formed, the CALIFONIA PUBLIC UTILITIES COMMISSION (CPUC) on January 21st, 1981, in Decision No. 92610, approved the Application of SIERRA HIGHLANDS WATER COMPANY for an order authorizing Sierra to transfer and assign its property to LAKE DON PEDRO COMMUNITY SERVICES DISTRICT, Application No. 59951 (Filed September 19, 1980).

HERE IT IS:  CALIFORNIA PUBLIC UTILITIES COMMISSION APPROVAL

 

Categories: Uncategorized.

OOPS! BETTER DOT THE “i’s” and CROSS THE “t’s” TO MAKE IT LOOK RIGHT!

Reading Time: 6 minutes

Mar 21 16 amended agenda p1Mar 21 amended agenda p2

Mar 21 original p2

Apparently someone caught a procedural error in the first agenda (#5 DISCUSSION AND ACTION ITEM f: Consideration of agreement with Kampa Community Solutions, LLC for the position of General Manager) issued March 16th for the LDPCSD Meeting on Monday, March 21st, 2016.

The new “revised agenda published on March 18th” corrected the previous agenda plan of immediately promoting PETE KAMPA’s “KAMPA COMMUNITY SOLUTIONS, LLC for “the position of General Manager” without the district Board of Directors having first performed a “public Employee Performance Evaluation – General Manager”.

I believe it a pretty well established process that an organization is supposed to complete a performance evaluation prior to promoting an interim GM to full General Manager status. 

(Technically PETE KAMPA and the Board of Directors have OBVIOUSLY been using the unqualified General Manager title for quite some time in press releases and District correspondence anyway.) 

PLEASE REFER TO HOW PETE KAMPA REFERS TO HIS POSITION WHEN INTRODUCING HIMSELF TO THE MERCED IRRIGATION DISTRICT IMMEDIATELY AFTER APPOINTMENT AS THE INTERIM GM:

KAMPA INTRO 411 TO MID

(Naturally there was MUTUAL AWARENESS from the first KAMPA LDPCSD employment tour)

You would think such a professional special district management company as KAMPA COMMUNITY SOLUTIONS LLC would know these general manager promotion procedures.  Of course they do!  But such procedural details only impede progress on the real reasons PETE KAMPA/KAMPA COMMUNITY SOLUTIONS LLC was hired (and retained) by the Board of Directors:

  • to begin providing water service to properties previously prohibited due to being outside the legal Place of Use under the water license under which the LDPCSD operates.
  • new ground wells had to be constructed with public funds and grant money.
  • the new wells would be advertised as being necessary for existing water consuming customers during emergency drought conditions.
  • in actuality the wells were always planned and intended to be  used as the “alternate source of water” required to provide many outside legal area properties with water.
  • the plan would require continued public funding of this special benefit of ground water substitution program by the 99% of legally entitled Merced River water users.

Such activity by our Board of Directors and their chosen GM is even more outrageous when you consider there was no legitimate legal duty or obligation to provide this special benefit to outside POU properties.  Look at the DISTRICT FORMATION DOCUMENTS.

HASTE MISTAKES?

Does PETE KAMPA, his KAMPA COMMUNITY SOLUTIONS LLC management company,  and his “Board majority” of appointed Directors appear to be in too much of a hurry when considering such mistakes, revisions, corrections, sudden “course changes”, retroactive approval of past activities, and the limiting of district information previously furnished to the public?

(Can you imagine the directors on the current board discussing this likely KAMPA prepared promotion in Closed Session?  “Oh golly gee – KAMPA COMMUNITY SOLUTIONS has done such a fantastic job FOR US in setting up even further DISTRICT WATER SERVICE EXPANSION UTILIZING GROUND WATER SUBSTITUTION TO CIRCUMVENT THE PLACE OF USE  RESTRICTIONS IN WATER LICENSE 11395 TO BE PAID FOR BY ALL CUSTOMERS – this COMPANY has certainly earned the position as general manager” or, “We’re in for a dime, so we’re in for a dollar” (More accurately “In for a dollar – in for millions of dollars so we had better stick with our original plan –why change horses in the middle of a stream?”)   lol   Whatever.  They do as they please.

WHY A COMPANY AND NOT A TRADITIONAL “REAL PERSON” AS GM?

Corporations and limited liability companies under the law are treated as individuals – actually having legal rights that recognize them as such.  Someone might then reasonably inquire,

“Why would the LDPCSD BOARD OF DIRECTORS hire a company as the General Manager rather than the president of that company, in this case the corporation’s namesake, PETE KAMPA?”

This is a very good question which addresses the primary motive for PETE KAMPA’S creating a “Limited Liability Company” in the first place.  The business name designation is the actual answer: 

“REDUCED LIABILITY EXPOSURE for actions that could result in law suits for causing harm to the district and/or its customers.

(CORRECTION:  Actually anyone harmed.)

[Directors on a board also traditionally have a similar “cloak of protection” from lawsuits unless evidence exists of intentional wrongful behavior beyond the simple “error and omissions” insurance coverage like when individual members conspire to commit theft, fraud, etc. …]

Information on LLCs from Wikipedia: https://en.wikipedia.org/wiki/Limited_liability

_________________________

“A Limited Liability Company (LLC) is a hybrid business entity having certain characteristics of both a corporation and a partnership or sole proprietorship (depending on how many owners there are). An LLC, although a business entity, is a type of unincorporated association and is not a corporation. The primary characteristic an LLC shares with a corporation is limited liability, and the primary characteristic it shares with a partnership is the availability of pass-through income taxation. It is often more flexible than a corporation, and it is well-suited for companies with a single owner.”

“In the absence of express statutory guidance, most American courts have held that LLC members are subject to the same common law alter ego piercing theories as corporate shareholders. However, it is more difficult to pierce the LLC veil because LLCs do not have many formalities to maintain. So long as the LLC and the members do not commingle funds, it would be difficult to pierce this veil.[citation needed] Membership interests in LLCs and partnership interests are also afforded a significant level of protection through the charging order mechanism. The charging order limits the creditor of a debtor-partner or a debtor-member to the debtor’s share of distributions, without conferring on the creditor any voting or management rights.[citation needed] Limited liability company members may, in certain circumstances, also incur a personal liability in cases where distributions to members render the LLC insolvent.[4]

“Limited liability is where a person’s financial liability is limited to a fixed sum, most commonly the value of a person’s investment in a company or partnership. If a company with limited liability is sued, then the [claimant]]s are suing the company, not its owners or investors. A shareholder in a limited company is not personally liable for any of the debts of the company, other than for the value of their investment in that company. This usually takes the form of that person’s dividends in the company being zero, since the company has no profits to allocate. The same is true for the members of a limited liability partnership and the limited partners in a limited partnership.[1] By contrast, sole proprietors and partners in general partnerships are each liable for all the debts of the business (unlimited liability).”

“Piercing the corporate veil or lifting the corporate veil is a legal decision to treat the rights or duties of a corporation as the rights or liabilities of its shareholders. Usually a corporation is treated as a separate legal person, which is solely responsible for the debts it incurs and the sole beneficiary of the credit it is owed. Common law countries usually uphold this principle of separate personhood, but in exceptional situations may “pierce” or “lift” the corporate veil.

A simple example would be where a businessman has left his job as a director and has signed a contract to not compete with the company he has just left for a period of time. If he sets up a company which competed with his former company, technically it would be the company and not the person competing. But it is likely a court would say that the new company was just a “sham”, a “cover” or some other phrase,[1] and would still allow the old company to sue the man for breach of contract. A court would look beyond the legal fiction to the reality of the situation.

Despite the terminology used which makes it appear as though a shareholder’s limited liability emanates from the view that a corporation is a separate legal entity, the reality is that the entity status of corporations has almost nothing to do with shareholder limited liability.[2] For example, English law conferred entity status on corporations long before shareholders were afforded limited liability. Similarly, the Revised Uniform Partnership Act confers entity status on partnerships, but also provides that partners are individually liable for all partnership obligations. Therefore, this shareholder limited liability emanates mainly from statute.[2]

_________________________

WOW!

There is so much legal information to absorb and understand concerning this LIMITED LIABILITY COMPANY stuff, how can a regular customer possibly comprehend what is actually happening?

Wouldn’t it be nice if there was a short descriptive sentence or something explaining this complex situation?

Here is something that might help –

A quote attributed to Abraham Lincoln which in my mind sums up the above information as well as the current “behind the scene activities” taking place within our LAKE DON PEDRO COMMUNITY SERVICES DISTRICT management:

“Corporations have been enthroned and an era of corruption in high places will follow”.

http://www.ratical.org/corporations/Lincoln.html

P3190181

Basically, a lack of individual accountability for wrongful actions.  This was a lesson most of us were taught as children.

Isn’t this “Public Service” stuff interesting?

 

My best to you and yours, Lew

Categories: Uncategorized.