Hello! I have a bunch of stuff to do but wanted to pass on some of the important particulars of yesterday’s meeting….
Three meeting attendees: two customers and the LDPCSD Auditor. Another packed board room.
The Chief Plant Operator Randy Gilgo was absent.
Full board (one a little late).
I read Wes Barton’s letter into the record during public comment (posted yesterday) and followed with mine below (yeah, I know, blah, blah, blah …)
“Oath Sworn Directors have a duty to this District to abide by CALIFORNIA STATE LAW in the performance of their elected/appointed positions. Contrary to this duty, directors have rarely asked PERTINENT often OBVIOUS – COMMON SENSE QUESTIONS regarding the special interest direction GM/TREASURER PETE KAMPA and his limited liability management company has pushed this public agency. The board’s dereliction of duty began in October 2014 with the failure to perform a routine employment background check prior to KAMPA (and company) being appointed as GM/TREASURER and provided access to over one million dollars saved after near bankruptcy. Despite the total destruction of the LDPCSD Admin Office in February 2012, even a simple “in house” review of existing records would have clearly revealed KAMPA’s many PAST MISREPRESENTATIONS of the Place of Use issue when first employed here between 1993-1997 when very busy pushing LAFCO annexations into this district. The Board’s failure to “represent the interests of the MERCED RIVER WATER ENTITLED CUSTOMERS OF THE LDP SUBDIVISION” have not only continued but have escalated in severity. Even after many public meeting requests spanning over a year for the Board and/or GM to simply contact the STATE WATER BOARD and obtain the OFFICIAL PLACE OF USE MAP FOR MERCED RIVER WATER, directors rejected those COMMON SENSE REQUESTS choosing instead to continue following the district management direction established by Kampa. This board has consistently approved the use of District resources for Kampa to continue attempts at completing what he started 20 years earlier with the many LAFCO ANNEXATIONS that could not develop without an ALTERNATE SOURCE – OF GROUNDWATER PRODUCTION. Even a 900 acre proposed residential subdivision right across the road here was quietly approved in 1995 during Kampa’s first tour but actively kept a secret from the public until only a few months prior to Kampa’s unethical return in 2014. Even today KAMPA once again requests the board to approve an extremely suspicious annual audit WITHOUT EVEN READING IT which has already been the subject of multiple corrective revisions for several months. Unanimous board decisions mean little when dedicated to violating both the trust of customers and the law. You should all be ashamed, with the noted exception of newcomer Director Mrs. Sperry.”
AUDIT PRESENTATION – HOW ABOUT SOME “UP FRONT” SURPRISINGLY GOOD NEWS FOR A CHANGE?
The Board DID NOT “BLINDLY” accept GM/TREASURER KAMPA’s suggested motion of approving the audit without reading the material! (That suggested approval motion by KAMPA is not only outrageous but quite revealing as to another of his traditional methods of operation.) CONTROLLER’S REPORT – additional information from prior years due to a new system being used by Controller. During a JOURNAL ENTRY ADJUSTMENT discussion Kampa interrupted to explain a possible explanation for project discrepancies that were apparently identified in the audit that he meant to address the year before.
I asked about the significance of unsigned certificates in the agenda packet regarding assurance of sufficient funds to operate for the next six months – Kampa stated they only had to be signed quarterly and were just routinely included with the other material. (Still think they would look better signed –or left out completely.)
The audit material will be sent to customers receiving electronic packet information (have you – you know what?) and will also be posted on the LDPCSD website.
Another pleasant surprise…..Kampa’s suggested motion of including WORKERS’ COMPENSATION COVERAGE FOR VOLUNTEERS WORKING FOR THE DISTRICT ALSO DID NOT PASS. (KAMPA admitted there have been no such volunteers as of yet nor were any expected.)
I have been told that some time back there were volunteers working on a Financial Committee and assisting the district with financial matters – but not performing maintenance tasks. I made a comment that such a plan was once again “putting the cart before the horse” and could easily result in much higher costs if volunteer “accidents” were to occur.
Regarding training for directors by the Special District Leadership Academy in Seaside, (an associate organization of the CALIFORNIA SPECIAL DISTRICTS ASSOCIATION which Kampa has been an active board member for approximately 20 years, I confirmed my support for educating directors – however, questioned what good such training would actually be IF STATE LAW could not be followed by directors or the GM? Think about that for a moment….
PETE KAMPA is a “professional “ SPECIAL DISTRICT MANAGER AND OWNER OF KAMPACS, aka, KAMPA COMMUNITY SOLUTIONS (a SPECIAL DISTRICT MANAGEMENT LIMITED LIABILITY COMPANY) …… was previously employed at the LDPCSD between 1993-1997 working extensively on annexing much more property into the LDPCSD service area – whose land development projects would be dependent upon a GROUNDWATER SUBSTITUTION PROGRAM THAT DID NOT EXIST YET.
Kampa has also been a board member on one of the most (if not the most) powerful and influential “not for profit” water lobbying organizations in the State of California for about 20 years – yet this “professional” explains to state regulatory agencies that there has been confusion for many years regarding the PLACE OF USE MAP for MERCED RIVER WATER per WL11395?
Additionally, consider that MR KAMPA was also apparently unable to read and comprehend the clear restrictive terms cited in that license which the LAKE DON PEDRO CSD has used since formation in 1980 to provide water to customers.
But wait…..Didn’t PETE KAMPA recently receive a TRANSPARENCY AWARD from a BIG NOT FOR PROFIT WATER ORGANIZATION?
So I wonder….
what good is specialized education without the personal and/or
business integrity to properly use it for the public’s benefit?
THE BIG ISSUE: Although GM KAMPA refused to discuss aspects of the POU VIOLATION in his digital map presentation it was never-the-less confirmed that he has indeed sent that SAME INCORRECT DISTRICT POU BOUNDARIES TO THE STATE WATER BOARD IN RESPONSE TO THEIR SEPTEMBER 28th, 2017 NOTICE OF VIOLATION REGARDING POU RESTRICTIONS.
I am still amazed that directors have difficultly answering simple questions like:
DID YOU READ THE NOTICE OF VIOLATION? (Board President Danny Johnson said he “scanned it”.
DID YOU UNDERSTAND THAT THE NOV CLEARLY DETAILED WHAT THE OFFICIAL POU WAS?
HAVE YOU LOOKED AT THE JUNE 1977 MAP ON THE WALL, WHICH ALTHOUGH ILLUSTRATING INCORRECT INFORMATION REGARDING “RESERVED WATER” FOR NUMEROUS LAFCO ANNEXATIONS, DID IN FACT CORRECTLY ILLUSTRATE THE LDP SUBDIVISION AS THE LEGAL POU – again, according to the STATE NOTICE OF VIOLATION?
(NOTE: That incorrect “reserved water” illustration on the June 1977 map also included the 1995 LAFCO approved 900 acre “slumbering subdivision” Kampa has actively kept a secret from the public since his 2014 return. Incorrect maps are still being displayed on the LAKE DON PEDRO CSD website despite the contradicting factual information contained in the September 2017 STATE WATER BOARD NOV.)
Another closed session under GOVT CODE 54956.95 for PUBLIC EMPLOYEE PERFORMANCE EVALUATION (I asked for clarification of this Government Code Section as it appears to deal with district liability loss from potential law suits – President Johnson made a note of the request stating it would be addressed at the next meeting.)
REPORT OUT FROM CLOSED SESSION:
California Code, Government Code – GOV § 54956.95
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(a) Nothing in this chapter shall be construed to prevent a joint powers agency formed pursuant to Article 1 (commencing with Section 6500 ) of Chapter 5 of Division 7 of Title 1, for purposes of insurance pooling, or a local agency member of the joint powers agency, from holding a closed session to discuss a claim for the payment of tort liability losses, public liability losses, or workers’ compensation liability incurred by the joint powers agency or a local agency member of the joint powers agency.
(b) Nothing in this chapter shall be construed to prevent the Local Agency Self-Insurance Authority formed pursuant to Chapter 5.5 (commencing with Section 6599.01 ) of Division 7 of Title 1, or a local agency member of the authority, from holding a closed session to discuss a claim for the payment of tort liability losses, public liability losses, or workers’ compensation liability incurred by the authority or a local agency member of the authority.
(c) Nothing in this section shall be construed to affect Section 54956.9 with respect to any other local agency.
Just had a little bit of hail! Naturally now that I’ve picked up all the tools it will likely clear up requiring them to be hauled back out for “good weather” work– but had I left them out….well you know – lol
My best to you and yours, Lew