MARIPOSA COUNTY LAFCo 1995 APPROVAL OF “SLUMBERING 900 ACRE ANNEXATION”

KAMPA obtains

TRANSPARENCY AWARD

from his

MENTORS

for CURRENT VICTIM

LAKE DON PEDRO COMMUNITY SERVICES DISTRICT?

(sure would hate to see what they consider non-transparent)

Transparency Award? 

Just another deceptive special interest scam played on the legal water users of the subdivision compliments

of Peter Kampa and his

Kampa Community Solutions llc, aka KAMPACS

and his “conscious & deliberate” supporters.

Actually I was too harsh in the prior post.  I certainly didn’t mean regular folks who just “hear stuff” – and out of friendship or promise,

do not repeat confidential information relayed by someone else.  These are not active participants of this fraud.  But I can’t shake the question as to why this annexation required so much secrecy if legally and ethically approved according to the law at the time.

“Quietly approved annexations” suggest “entitled customers” of the subdivision at that time might have protested and successfully prevented the inclusion of another subdivision adjacent to the established Lake Don Pedro subdivision and within the service area of the LDPCSD.  So what?

Do not entitled MERCED RIVER WATER customers have a right to adequate notice of proposed developments near or in their community which might have a detrimental effect on their interests in an established subdivision?

NOTE:  Three resolutions after the LAKE SHORE RANCH annexation was approved, Resolution 95-8 required a $60 a year payment for a requesting customer to receive individual notices of LDPCSD Meetings.

Do “entitled customers” not have the right to legally defend and protect their interests when the LDPCSD and Counties of Tuolumne and Mariposa were OBVIOUSLY NOT CONSIDERING THE MAJOR ISSUE OF WATER LICENSE 11395 and it’s clear restrictions of where MERCED RIVER WATER could legally be diverted and consumed?

Was potential protest a legitimate reason for the LAFCo and special interest LDPCSD officials to co-ordinate concealment of fact and deceive entitled customers of the subdivision for 19 years until just before KAMPA returned in October of 2014 to finish the proposed development by supplying an “alternate source” GROUNDWATER SUBSTITUTION PROGRAM created with public funds?

What is wrong with protesting an annexation which will ultimately change the operation of a surface water treatment plant that was specifically designed, constructed and intended to serve those entitled customers of the subdivision?

Entitled customers were essentially denied their right to protest a change that was focused on providing an expensive subsidized special benefit water service to private land developers outside the approved POU of the water license.

But why?

YUP.  Didn’t sleep very well last night because I keep wondering what else PETE KAMPA and his cronies have done behind the scenes to our local responsible control over quality MERCED RIVER WATER?  I admit it.  They got me!  Hook, line, and sinker.  Never saw it coming.   Although I knew something was very wrong and attempted to investigate and find out what, those who certainly knew about this particular annexation remained silent, presumably because they did not want to ruin the “KAMPA JACK-IN-THE-BOX” SURPRISE RETURN TO LDPCSD TO FINISH WHAT HE STARTED 22 YEARS EARLIER.  I was learning much but then the unthinkable – our Administration Office was destroyed by arson in February 2012.

Sorry, but I do not believe that was a co-incidence.  I was close to something and believe someone had something very important to hide through destruction of records.  But who was responsible and what was gained?

SEVERAL HUNDRED OR THOUSANDS OF ACRES “KAMPA ANNEXED”?

How many thousands of acres might already be approved through  “ambiguous LDPCSD annexations” that do not adequately describe the property for anyone looking through records at the LDPCSD?  Wasting precious time on refused, delayed and/or  “misunderstood requests”?

WHY WERE/ARE CUSTOMERS INTENTIONALLY ALLOWED TO “MISUNDERSTAND” FACTS?

Statutory waiting periods for access to information, “bait and switch sweetheart deals”, misrepresentation, disinformation, ….blah, blah, blah.   It all boils down to management intentionally misrepresenting the actual status of the district to the public that pays the bills.

Disingenuous parties who feed on government resources know exactly what they are doing and how to meander and wind through the often complex legal requirements to achieve goals that rest of us could not possibly understand.  We do not understand, not because we are stupid or not paying attention, but rather were intentionally denied CRUCIAL INFORMATION AS TO CHANGES IN THE DISTRICT THAT WOULD OBVIOUSLY EFFECT NOT ONLY THE QUALITY OF WATER RECEIVED (now we have arsenic to deal with and remove), BUT WHAT IT COSTS TO PROVIDE THAT SERVICE (which must have increased due to this GROUNDWATER SUBSTITUTION business.

WHAT IS FRAUD?  

Here are some excerpts from a Fifth Edition Black’s Law Dictionary with examples of present situation in red font.

“An intentional perversion of truth

(property was intentionally misrepresented as SOI for many years on routine maps despite a “quiet annexation” 22 years earlier in 1995)

for the purpose of inducing another in reliance upon it

(anyone looking at such a map would never suspect property had been made part of the district -includes maps by the very agency that originally established the district) 

to part with some valuable thing belonging to him or to surrender a legal right.”

(Water service, however, atypical special benefit water service that costs much more due to requirement of GROUNDWATER SUBSTITUTION and arsenic and other contaminant removal to meet health department quality regulations, to replace the MERCED RIVER WATER illegally leaving WL11395 PLACE OF USE)

$ $ $ $ $ $ $ $ $ $ $ $ $

“A false representation of a matter of fact,

(property outside district boundary – ironically, KAMPA is now misrepresenting on the LDPCSD website that the property IS NOT WITHIN DISTRICT BOUNDARIES per the recent LAFCo map posted “SHOWING DISTRICT BOUNDARY”)

whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed,

(that 1995 annexation has been deliberately concealed from the public by KAMPA who had numerous board meeting opportunities to simply clarify the confusion with his personal knowledge and activity in that process 22 years ago but refused to do so)

which deceives and is intended to deceive another so that he shall act upon it to his legal injury.  Any kind of artifice employed by one person to deceive another.”

(Study the below recently posted map by KAMPA.  Doesn’t make sense, but undoubtedly “SNEAKY PETE” KAMPA has some twisted purpose or goal to achieve.  Perhaps just confusing the issue even more?)

$ $ $ $ $ $ $ $ $ $ $ $ $

DEFINITION OF FRAUD CONTINUED…..

“Elements of a cause of action for “fraud” include false representation of a present or past fact made by defendant, action in reliance there upon by plaintiff, and damage resulting to plaintiff from such misrepresentation.”

$ $ $ $ $ $ $ $ $ $ $ $ $

It consists of some deceitful practice or willful device, resorted to with intent to deprive another of his right, or in some manner to do him an injury.  As distinguished from negligence, it is always positive, intentional.  It comprises all acts, omissions, and concealments involving a breach of a legal or equitable duty and resulting in damage to another.  And includes anything calculated to deceive, whether it be a single act or combination of circumstances, whether the suppression of truth or the suggestion of what is false, whether it be by direct falsehood or by innuendo, by speech or by silence, by word or mouth or by look or gesture.  Fraud, as applied to contracts, created or continued by artifice, with design to obtain some unjust advantage to the one party, or to cause an inconvenience or loss to the other”

$$$$$$$$$$$$$

“It is something said, done, or omitted by a person with the design of perpetrating what he knows to be a cheat or deception.”

$$$$$$$$$$$$$

OK, enough fraud definitions….that stuff can go on forever.

Customers have a right to, and should expect, truthful information to be presented by their CSD officials  (especially those taking an Oath of office).   Such “slumbering outside MIDPOU annexations”,  orchestrated by KAMPA and approved by SPECIAL INTEREST MOTIVATED DIRECTORS, obviously represented substantial future cost increases to the legal customers entitled to MERCED RIVER WATER WHO DO NOT REQUIRE GROUNDWATER SUBSTITUTION or ARSENIC MONITORING AND REMOVAL from their lake water!   The CPUC approval of the district’s formation, the LAFCo 1980 area service map, and WL11395 all clearly identify who was permitted to receive MERCED RIVER WATER and where that water could legally be delivered.

WHY WERE THESE OFFICIAL DETERMINATIONS

REGARDING THE LEGAL SERVICE AREA APPARENTLY COMPLETELY IGNORED

BY THE LAFCoS WHO CREATED THE LDPCSD?

POSSIBLE ANSWER:  SO INFLUENTIAL SPECIAL INTEREST LAND DEVELOPERS OUTSIDE THE PERMITTED SERVICE AREA COULD OBTAIN EXTREMELY VALUABLE SPECIAL BENEFIT GROUNDWATER SUBSTITUTION SERVICE PAID FOR BY THE LEGAL CUSTOMERS OF THE SUBDIVISION.  

Publicly subsidized “special water service” for private party financial gain.

THIS ALONE DEFIES THE PURPOSE OF CREATING A SPECIAL DISTRICT IN THE FIRST PLACE which is to basically provide a limited service to a particular group of people in a defined area of service for only the cost required to produce and deliver that service.  However, when a special district board of directors  and it’s  APPOINTED FOR-PROFIT MANAGEMENT COMPANY  are not sincerely working for the benefit of those customers legally entitled to services provided, but are rather intentionally deceiving customers while expanding that service to those NOT ENTITLED while substantially increasing costs, I believe those legal customers are victims of unethical activity by officials who are supposed to have a fiduciary duty to the district.

If I missed a 900 acre subdivision right across the street from the treatment plant facility in 4 years on the board, what the hell else is going on that the true legal rate and fee paying customers also HAVE ABSOLUTELY NO IDEA?

Intentional concealment of extremely important facts from the legal customers, who are subject to the rate and fee increases which perpetuate this water subsidy to land developers,  have been intentionally victimized – in my humble opinion.

Perhaps I am stupid? Or trust people too much?  OK, but even so, that doesn’t change reasonable arguments – even if birthed in an idealistic Boy Scout perspective.  lol

KAMPA & KOMPANY cheat and the rest of us ALWAYS END UP COVERING THE TAB!   THEY SKIP – WE PAY! AND THIS IS WRONG.

FRAUD? 

OR PERHAPS SOMETHING ELSE? 

WHATEVER – IT IS WRONG TO LEGAL CUSTOMERS AND SOME “AUTHORITY” MUST ACT!

Whether it will result in any corrective action or not, I have submitted some information to the MARIPOSA COUNTY SHERIFF’S OFFICE because I believe this is fraud against the legal customers of the subdivision.  We pay rates and fees based on the assumption the district has/is/and will be operated legally to the benefit of the customers in that defined area of service.   I am not an attorney and honestly do not know, but rather than just continuing to post blah blah blahs and videos of highly suspicious meetings and KAMPA’s contradictory behavior hoping that someone WHO DID KNOW might offer assistance isn’t making the grade so I figured it would be best to at least notify law enforcement as to my concerns.

THE SQUEAKY HINGE GETS THE OIL

A CRYING BABY RECEIVES ITS MILK

VICTIM CUSTOMERS NEED ASSISTANCE

THANKS TO KAMPA AND HIS ILK

 

What if other legal MERCED RIVER WATER USING CUSTOMERS IN THE SUBDIVISION also believe they have been AND WILL CONTINUE TO BE forced to financially support a special interest GROUNDWATER SUBSTITUTION PROGRAM for those not otherwise entitled to LDPCSD water service?  What if they also report their concerns to their respective County authorities?

Would more complaints mean anything?  I think it might but that is up to each individual LDPCSD customer to decide.

It was much easier to pay water bills when I trusted the district was operating in the best interests of the legal customers.

You will see on the below map that accompanies the LAFCo approval how people could easily be confused and deceived as to which property you were referring when talking about a “proposed subdivision called Lake Shore Ranch”, because there are two other much smaller properties apparently owned by the same developer under the same name “Lake Shore Ranch”.

Besides, who really cared?  The maps distributed showed LAKE SHORE RANCH in the SOI (Sphere of Influence) and not within the district.

Example conversation….

“Where is that LAKE SHORE RANCH ANNEXATION?

“LAKE SHORE?  Humm, Lake Shore,….let’s see now….oh!  That’s the place down over there where the storage facilities are outside the Barrett Cove park entrance

(while completely ignoring the 900 acre proposed subdivision literally across the street) 

“No, I don’t believe so….it would probably be larger than that…..” 

(while completely ignoring the 900 acre proposed subdivision literally across the street) 

“Oh, OK, that’s the property further north around the high school area”

(while completely ignoring the 900 acre proposed subdivision across the street literally between the two other properties)

“No, I don’t think so….it was a proposed subdivision

  across the street from the treatment plant.. …..”  

“Check the map…..gotta go!”

Technically not a lie.

Now I know why Kampa never addressed my agenda request regarding that Doscher property across the street being used for the new raw water line……….KAMPA could not risk drawing attention to that “secret annexation” in 1995.   Same as with the “KAMPA COMMITTEE” researching all the outside MIDPOU properties and which received water or paid availability fees to the district.  All that information was supposed to be reported to the pubic.  Yeah, right. NEVER HAPPENED!  Couldn’t have that at all.    Just like the Post Retirement Medical Benefits being reviewed by an independent third party with the information presented to the public  Nope.   And answers to WES BARTON’S FINANCIAL QUESTIONS about the “funny numbers” with the audit and grant funding?  No way!

But if that 1995 annexation was properly researched and pertinent variables analyzed for it’s inclusion into the district, why hide it for 20 years?  Why what appears to be a conspiracy to keep it so quiet –  unless there was something unethical or wrong about the process used.

Shouldn’t the counties of TUOLUMNE and MARIPOSA and their respective LAFCos address the issue of PROTECTING A CRITICALLY IMPORTANT and REGULATED WATER SUPPLY FOR AN ESTABLISHED RESIDENTIAL SUBDIVISION ALREADY APPROVED UNDER THE CALIFORNIA SUBDIVISION MAP ACT?  Shouldn’t someone have confirmed that Kampa’s grandiose claims of creating a “foothill water empire” were feasible and reasonable with no detriment to the legal customers? 

 Is that asking too much for your tax dollars?

Protection by the very entities that created you?

Why were LAFCos who created the LDPCSD – essentially forcing a special benefit GROUNDWATER SUBSTITUTION?

 The LDPCSD BOD was clearly aware of the MID WATER AUDIT by the State Water Resources Control Board and that MERCED RIVER WATER could not be served outside the POU – HELL THEY KNEW THAT BACK IN THE 1980s!!!

WHAT WERE THOSE DIRECTORS THINKING WHEN APPROVING SUCH ANNEXATIONS?  AND WHY?

WHY did those directors approve something like that knowing groundwater would have to be used?  Passing those associated costs on to the legally trapped  users of the subdivision?   Their neighbors.   Serving the community?  Naw, just serving exploiting developers our community water – probably the most precious resource our subdivision could ever possess – other than the natural beauty of these foothills.

OK.  Again a bit harsh.  NO doubt there are people who believed the “exploiting spin” about “this development will be beneficial to the entire community”, “everyone will make money”, “what this community needs is an experienced developer who knows………blah, blah, blah”, and they bought that just like I bought the excuses and side-stepping answers to “What is LAKE SHORE RANCH”?

THANK HEAVENS FOR A SICK STOMACH!

Although embarrassed for years about being sick to my stomach and walking out of that meeting when the PETE KAMPA’s contract was to be accepted as the new general manager, I now understand and appreciate it as a true blessing.  I was not present for something vicerally knew (literally) was unethical and wrong to the customers.   That management contract essentially sold our independent special district status and freedom to a profit management company pursuing the exploitation of our water.

SO ANYWAY,

Why did Mariposa County LAFCo (Local Agency Formation Commission) and its paid consultants studying the matter of water service provided by the LDPCSD apparently go out of their way to avoid any discussion or documentation of that PRIMARY ISSUE of the MIDPOU?  GROUNDWATER ONLY!

How could county planning officials miss that little rascal?  Or did they and just “KAMPA-SPEAK” around the issue?

How could ANYONE even CONSIDER expanding a GROUNDWATER SUBSTITUTION SPECIAL BENEFIT WATER SERVICE outside the MIDPOU further and expecting legal users in the subdivision to pay the increased fees for perpetuity?

OH YEAH!  WE WEREN’T SUPPOSED TO FIND OUT!

Why should legally entitled MERCED RIVER WATER customers of the subdivision pay the added operational, treatment, monitoring, and reporting costs with ARSENIC CONTAMINATED GROUNDWATER for land developers outside the legal service area?

What are some of the defining concepts of a SPECIAL DISTRICT?   Requested services to a particular group of people in a defined area for the cost of what is required to provide that service.

NOT WHAT OTHER PEOPLE MAY WANT MILES AWAY WHO ARE NOT REGULATED UNDER THE SAME RULES AS THOSE LEGALLY ENTITLED MERCED RIVER WATER USING CUSTOMERS!   

Why was the first legally established service boundary by the California Public Utilities Commission (CPUC) in 1981 (when approving the transfer of facilities and assets of the private SIERRA HIGHLAND WATER COMPANY to the newly formed LDPCSD) completely ignored?

Why was the original LAFCo 1980 survey map (11 page “metes and bounds” survey still exists) which formed the LDPCSD never re-created when it was mysteriously lost shortly after CSD formation?

Why did LAFCo apparently assist in keeping the majority of customers in the dark about a “slumbering annexation” and permit the LDPCSD to then continue that concealment by not notifying customers or having a hearing and election on the merits of that annexation?

Besides providing an apparent MOTIVE FOR KAMPA’S QUICK UNETHICAL RETURN, such annexations also illustrate exactly what sort of leadership and management our district was experiencing – pursuit of private land development interests over that of the legal customers for which the treatment plant was  constructed.    Strange, out of all the annexations proposed, and those approved by the LAFCos, only one was legally approved through MID (holder of water license) and the State Water Board – The South Shore project – 2,010 acres/772 afa of water, but it never developed.

Who knows what was actually destroyed in the arson of our

Administration Building?

Nope.  None of this makes sense except for something I wrote sometime back –  The Lake Don Pedro Community Services District (LDPCSD) was the brainchild of the Lake Don Pedro Owners Association (LDPOA), and it sure looks like the 88 votes of residents that approved it only put into motion an INSTITUTIONALIZED FRAUD AGAINST ALL PROPERTY OWNERS IN THE LAKE DON PEDRO SUBDIVISION WHO MUST BE CUSTOMERS OF THE LDPCSD!

Geez, even before we were a public agency this particular 900 acre proposed subdivision was trying to annex in to get water that was clearly and legally, intended to be used by the subdivision and golf course ONLY (barring those few documented exceptions around Lake McClure).

 

“ANYTHING VALUABLE REQUIRES PROTECTION”

THE ABOVE WRINKLED PAGE IS THE WAY IT WAS

POSTED ON THE LAFCo WEBSITE. 

MY PRINTER IS FINE!  lol

My best to you and yours, Lew

  lol

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