Picked up the November 12, 2018 LDPCSD Special Meeting CD today.  Had some “down time” due to a recent knee injury so I decided to listen to the meeting audio and simultaneously create a rough report in Word as this post.  I could not resist traditional blah blah blah in areas so I identified those with a BLUE “LEW VIEW” INTRODUCTION.   OK, so here it is….

Pre-meeting discussion by LDPCSD Danny Johnson of his recent vacation in Europe and visiting areas such as France, Germany, Switzerland, Netherlands, etc.   Mentioned riding on a high speed train in Switzerland that was never-the-less very smooth.

1303hrs start meeting, Hankemeier absent; pledge.

Johnson comments on Veteran’s Day, military, and everything we have in Don Pedro.

PUBLIC COMMENT: Ruth Smith was confused about new subdivision tower on Arbolada Drive, it was not a cell tower but a data tower – is that true? (the one on Arbolada Drive….NO SERVICE!)  GM/Board Treasurer Peter Kampa states yes, it is a data tower not cell tower and it brought data to the LDPCSD, but no cell service.

1307 VP Dan Hankemeier arrives.

No presiding officer’s report by President Danny Johnson except for thanking customers who attended.

PETE KAMPA:  (CD 9:04) No time cards so Directors could receive the $100/meeting.  18% treated water loss, RAW water loss: readjusted lost water report added acre foot –  7 AF in loss.    Project for service lines and meter vault replacement out to bid.  Several hundred service lines…… in the future the new proposed water meter will help with identifying water loss.

(LEW VIEW:  WILL FINALLY HAVE SOME GOOD DATA WHEN COMPLETED?…..WHEN COMPLETED?……when completed?…….  Lol!  By March the project should be done.)

(CD 14:04)  Danny JOHNSON:  Do we have an engineer as of today?

Kampa – we have two candidates instead of four.  Kampa sent questionnaire for more information.  Fresno company taken out.  KJ principle engineer and primary contact has resigned.  Jennifer is the new engineer but Kampa doesn’t believe is adequate.  Kampa leaning towards Jeff Black (Black Water) and Alfonso ????? out of Modesto least expensive, but Kampa concerned about capability to produce.

Johnson suggests going with BLACK WATER.  WARREN:  They have WASTE WATER experience as well.  Kampa has worked with them before with the wastewater side in two other districts.  (17:20)

RANCHITO WELL STILL NOT COMPLETED.  Binkley still working on that above ground plumbing.  Surveyor has completed his work …out to bid in early December.  Hank: if out in December, when done?  End of January……???   Ranchito well #2 needs to have valve replaced?

Kampa reading and researching on the district boundaries and annexations regarding POU.  No contact from state yet regarding matter.

Planning Grant application being submitted to state (1/2 million for intake system, treatment plant and some distribution components,)

Dollar General questions by Warren…..Kampa: Dollar General still owes us completed material and our district needs to place a serious threat…. They are not producing the documents CSD asked for four months before completion. (21:00)

LDPCSD DOES NOT OWN THAT MAIN EXTENSION!

JOHNSON RE GRANTS:  Back up generation grant?  Kampa- still out there, no information.

RANDY’s REPORT BY KAMPA:  (23:30)  Due date, 90 days from start, have had it approximately 50 days…,

Everything torn apart…. Kampa expecting more information but couldn’t get in touch with Randy.

Kampa:  Leak on intake and Ranchito well #1 still down are the two big projects.  Distribution system leaks, fire hydrant work done by contractor.  August, 15 leaks but we’ll get reimbursed – District should consider getting more money to do the remainder of the service lines.

JOHNSON:  Look at the price we are paying…..can’t have our guys do the work?  A dedicated crew?

Emery: $4,000 for each lateral repair that’s $400 a foot.

JOHNSON:  THE BIG SCOPE OF WHAT WE NEED TO DO…..raising rates…..?  Can we get somebody to work on call?

WARREN: Capital needs, need to have a meeting to look at long term capital stuff….. time to have a meeting only about capital stuff and a plan.  Drought – lucky to have money to get that water.

JOHNSON:  Service line replacement will only do about a third of what is needed.

No plan – what people to do work? ….. tells Kampa to plan for a long meeting in December.

JOHNSON:  SPECIAL MEETING only for that topic.  KAMPA: We have money in budget to help prioritize the projects – models to assist in designing a program.  Kampa wants BOARD DIRECTION

Various director comments about District being stuck in drought matters that are over but we are stalling elsewhere now.

JOHNSON: Ranchito Well # 2 repair…… how long to get three flange gaskets?  Johnson’s dander up because repair wasn’t made quickly.  JOHNSON said he was going to throw a grenade:

36:50  WHAT IS OPERATIONS DOING NOW?  He then requested an accountability report from Kampa.  The “cookie cutter reports” each month do not make Johnson feel comfortable.  

JOHNSON we have to move forward – original Ranchito well is down and now Ranchito #2 is off line, what if something else fails?

ROSS: Must tell the board what is happening, very basic stuff so reports only mention recent activities. Just trying to find stuff for monthly meeting reports and discussions.   Wants to know what Randy is actually doing?   (As Chief Operator why does he rarely attend board meetings?)

JOHNSON:  discussed for years, what is happening with our LDPCSD operations? Treatment plant doesn’t take that much to report.

KAMPA state the matter was not on the agenda for discussion and they would discuss next month.

JOHNSON reminded about public comment, any Public Comment?

WES BARTON: will provide the board with his entire written comment as he would probably go over the three minutes.  First meeting in years where he’s heard anything intelligent coming from a board meeting – yes we do have serious leadership problems, serious management problems, serious staffing problems, whether we have cash problems is unknown because we don’t have anyone to keep track of the cash – so….this is good.   It’s not good that we don’t know where we are at, but it is good that we’re talking about it. 

Johnson, I respect your point Pete so we’ll discuss it next month.  Move on to item to #4 – Treasurer’s report and minutes approval.  Wes Barton requested a copy of the shrinkage report which Kampa said would be available, Johnson stated he would see to it Barton received the information.   Approved.

LAFCO and DON PEDRO SEWER ZONE DISCUSSION  (44:45)  Purpose of the special sewer zone was to charge those using the sewer system around the golf course to pay for the services.  Sierra Highlands was formed first, then the sewer zone, and then the LDPCSD in 1980 with the resolution of formation stating the condition that the LDPCSD would assume the operation of the sewer system in the future.

WARREN: Discusses information from 2008 —-doesn’t know what the current condition of the facility.

KAMPA states the facility is fairly new but he had only operated the old sewer facility on the golf course. Johnson understands county wanting to combine services (water for entire district and waste water system around golf course) but the original system was on the golf course, but the county built a new multi-million dollar facility without sufficient financial income to support the system.    Stated a county supervisor asked for his help in getting CSD customers to support taking over the golf course sewer facility but Johnson refused stating “you’ve got the wrong boy” because of the substantial amount of money owed on the system (millions) would be a terrible liability for the district.  Johnson said the sewer customers don’t want to pay a higher cost for their sewer system and the district had a hard enough time.

Kampa stated if we refused Mariposa County Counsel would likely attempt to enforce the “will take” condition in the District’s formation resolution.  He also said the county would subsidize any difference when the CSD acquired the facility.

Johnson discussed the problem of finding adequate staffing and the waste water part had to be completely separate from the drinking water part of district business.

Warren asked how many properties were served around the golf course, Kampa advised 200 and something yet President Danny Johnson stated only 70 actually had a residence.  Kampa said there were less than 4, say 300 customers, but the system had six sewer lift stations that are unimproved since original installation.  Old equipment.  Kampa believed the processing system had been upgraded but the lifts have not.

JOHNSON asked who built the new waste system and Kampa indicated Boise Cascade built it and dedicated it to the County.

(LEW HERE:  I always thought the County of Mariposa had it constructed – they bought the property from the Erickson Ranch on Ranchito Drive for the facility.  I also thought Boise Cascade was out of the real estate business years ago?   Could Boise have somehow been legally required to replace their original system that was failing due to the added processing of uncontrolled residential development in that area in the 1990’s?  I doubt it.  I think Kampa just avoided an important aspect to this waste water facility nightmare…..who is really responsible for its creation outside the subdivision PLACE OF USE UNDER WL11395?   And the toxic leachate tanker dumping from the Mariposa County land fill years ago?  The replacement of premature wearing components?   What’s the factual word on that little matter?)   

Kampa stated he had been contacted by the District II County Supervisor (Merlin Jones) who wanted to set up a meeting to discuss the LDPCSD taking control of the sewer system. 

[LEW VIEW: Here’s an idea.  Need a full time waste water operator and staff?   Since the sewer system was necessary for the uncontrolled growth around the golf course by a land development company, have that company donate homes for those needed workers!  The homes are already in that sewer zone, what better situation for an employee to be part of where they work! Might only take two or three homes.  Perhaps lower pay than some areas, but check out your elegant subsidized residential palace and expensive water thirsty landscaping!   I can’t take it!  Even sitting at home listening to this garbage on CD.  The deceit!   Subsidize the difference?  Same thing with Boise Cascade Sierra Highlands and the new LDPCSD yeah?  They would cover the financial difference until the district got on its financial feet and could start billing subdivision property owners.    OH PLEASE!  How did that turn out?    

Cartoon time? ….

Picture if you will……  County of Mariposa figure congratulating LDPCSD figure on its new acquisition of the Don Pedro Waste Water Facility with a hearty slap on the back thrusting the CSD figure head first into the sewer waste pond.  As the County figure heads off on another SIFCPHOM (Special Interest Failed County Project Hand-Off Mission) to screw some other clueless disadvantaged community, as it disappears into the darkness it is heard to chuckle –

“good idea – get to know your new obligation”.

See what was apparently happening back then? Public officials, departments, agencies, funds and resources (including the powerful influence and authority of state agencies operating at and through the county level  – such as LAFCos which created such a special district as the LDPCSD)  were being diverted to private land development interests-

(subsidized water in a drought prone area is one heck of a special benefit and incentive for prospective developments and construction plans yeah? )

-on a number of government levels because the risk of failure and resulting foreseeable damage and financial liability were already planned to be obligations of the anticipated thousands of prospective purchasers of Lake Don Pedro subdivision property.  

“Paging Deep Pocket, paging Deep Pocket, you have a financial call on the money green lobby courtesy phone” 

ENTER MR WECs!

Even if such a special interest “wink and nod” gamble failed and became a financial nightmare/bottomless money pit,  the county was going to just simply “dump” that “crappy deal” on the MR WECs of the subdivision who were already subsidizing water service outside their water license Place of Use subdivision for Merced River water (due to the many LAFCO ANNEXATIONS INTO THEIR NEW “CATCH ALL” LDPCSD that BOASTED a built-in DEEP POCKET OF THOUSANDS OF CLUE LESS AND DISORGANIZED PROPERTY OWNERS OF THE LAKE DON PEDRO SUBDIVISION WHERE THE FAR MAJORITY OF OWNERS ARE TRAPPED MANDATORY CSD CUSTOMERS DUE TO CC&Rs WHICH RUN WITH THEIR PROPERTY TITLE.

LET THE PROPERTY ASSESSMENTS BEGIN!

Recall the special legislation required to increase the maximum availability fee from $10/lot year limit to the LDPCSD’s $60/ac year due to the low subdivision population of ENTITLED CUSTOMERS at he time?  (maximum availability fee only $180/year REGARDLESS IF THREE ACRES IN THE ENTITLED SUBDIVISION OR 2,000 ACRES OF LAFCO ANNEXED LAND OUTSIDE! – does that sound right to you?) 

So what does this new LAFCO SPECIAL DISTRICT START TO DO with six times the traditional availability fee revenue coming in?   Expanded water services even further beyond the place of use boundaries of State water permits and licenses!  Using public funds to provide water service main line extensions for annexations into the district service area (some before the district even received the transfer of facilities and assets of Sierra Highlands by the California Public Utilities Commission in 1981) all through the co-operating County LAFCOs of Tuolumne and Mariposa.  Everybody wins except for MR WECs who is saddled with all additional costs.  Oops…..sorry, just get so darn frustrated listening to this garbage. Back to the meeting……)    

 

Kampa indicated the county was evidently prepared to force the issue of acceptance on the district.

Emery Ross said had warned about Supervisor Jones wanting the district to take it years ago.  He said the users of the system were barely making the payments on the USDA loan for the facility.  He said the majority of the vacant lots are delinquent on property taxes which was the problem.   Emery said it was a real estate problem and there just wasn’t enough money.  Ross said the system was rejected in 2008 when it was in better condition.  Customers have twice voted down a necessary rate increase.  He advised lot owners pay $900 a year for the sewer service.  He then read the rates proposed for the next few years for the sewer bill.  Emery said the lots owners just couldn’t afford the estimated increases as many are on fixed incomes.

Director Warren stated most of us have septic (on site private system) why not properties around the golf course?

Johnson suggested it was due to the density of the homes in the area and condos and all that.

(LEW VIEW: Also difficult to develop hilltop lots do not have the area or soil required for proper leach fields.  The golf course sewer system was a way for land developers and realtors to sell properties that otherwise could not develop with their own onsite sewage disposal systems.)

Hankemeier thought the whole uphill design of the system was wrong because a failure could mean it all coming back downhill; also we weren’t involved in such a creation, why would we want it now?

Emery Ross continued about the costs of the system and the required qualified employees.

Someone asked if it was the Porter properties.  Johnson replied it was everything around the golf course not just Porter’s property, the condos over there, where the homes are closer together.  Emery continued reading a report about sewer water running down the street which is illegal.

President Danny Johnson commented on the hype years ago of Lake Don Pedro becoming the next Tahoe area.  He said the County would not have invested in the place unless they thought the area was really going to prosper and develop but it was a bust.

VP Dan Hankemeier repeated that we had nothing to say about it.

Johnson commented this issue has been on and off for years.

Kampa said it was a public process and the district didn’t exist in 1980, but Sierra Highlands was already in place and LAFCO processed the projects.

(LEW VIEW:  THESE DIRECTORS OBVIOUSLY DO NOT KNOW THEIR OWN DISTRICT HISTORY!)

Johnson asked for Kampa’s recommendation, he said when they sit down and discuss we should require an engineering condition assessment, how regulations are being met, facility/water monitoring….on the collection side, are their predictions of financial stability accurate, etc.

KAMPA TALKING ABOUT SUBSIDIZED SERVICE BY THE COUNTY and REIMBURSEMENT IF WE TAKE OVER THE WASTE WATER PLANT!

JOHNSON SAID SEWER COSTS WILL NOT BE PASSED ON TO WATER PAYING CUSTOMERS.

(LEW VIEW: REALLY?  HOW WOULD ANYONE KNOW?

YOUR WORD?  LIKE WHEN STATING THE NEW GROUND WELLS WOULD NOT BE USED FOR OUTSIDE PLACE OF USE SPECIAL BENEFIT SUBSIDIZED WATER REPLACEMENT SERVICE?

OR LIKE HOW THE ENORMOUS EXPENSE FOR GROUNDWATER SUBSTITUTION FOR LAFCO ANNEXED PROPERTIES ISN’T PASSED ON TO INNOCENT MR WECs NOW?

CARE TO COMMENT ON THAT DECADES OLD SUBSIDIZED SPECIAL BENEFIT WATER SERVICE?

EVERYTHING THE BOARD WAS DISCUSSING IS PRECISELY WHY SUBDIVISION REGULATIONS SHOULD HAVE BEEN ENFORCED BACK THEN but it was impossible with the Deerwood Corporation influence over a gullible community driven by decades of greedy local real estate manipulation.   This is insane.  The county created the problem by permitting the uncontrolled development by the Deerwood Corporation et al around the golf course.  The county chose the outside POU location for the waste water plant, and used it do dump their landfill leachate in the system in the dark of night, so why not let the county continue to provide those special benefits it set up?)

Johnson told Kampa to say hello for the board.  Kampa advised he had work to do on the assessment concept.

(LEW’S VIEW:  Placing KAMPA IN CHARGE OF SUCH A DISCUSSION?  LIKE WITH THE DOLLAR GENERAL PROJECT CONTRACT?  AND DOLLAR GENERAL NOW OWNS A PRIVATE WATER LINE TRANSPORTING DISTRICT WATER?

PERHAPS DOLLAR GENERAL WILL ENTER INTO THE SPECIAL BENEFIT WATER SERVICE OUTSIDE THE POU BUSINESS NOW?)

Johnson asked Kampa if the old treatment plant would have met the needs of the homes present?

He said, no.  It could not be upgraded so a new one was required.

(LEW VIEW: SO COUNTY PURCHASED LAND OUTSIDE THE SUBDIVISION POU AND CONSTRUCTED A WASTE WATER PLANT THAT REQUIRES EXPENSIVE GROUNDWATER SUBSTITUTION TO STAY LEGAL WITH THE WATER LICENSE CONDITIONS?)

Discussions about Kampa’s prior experience with the old system.   ???  He believes they are the same lift stations from the old sewer system.

Ross continued reading various financial facts from some article about the cost of running the system.

Johnson commented our district had enough problems with water running down the street without taking on sewer water running down the street as well.

(LEW VIEW:  EXCELLENT POINT DANNY!

ANYONE ELSE APPRECIATE THE SIMILARITIES?

Land developers outside WL11395 POU for Merced River water don’t want to pay for their own groundwater wells for development? …… get MR WECs of the subdivision to pay for it through the LDPCSD!

Homes around the golf course that receive the special benefit of sewer service hookup don’t want to pay what it costs to run their own system? – get  MR WECs of the subdivision to pay for it through the LDPCSD taking over a failing sewer system!

Wonderful example of co-operation, yeah?)

Danny Johnson stated a few years ago he was told they owned 6 to 7 million dollars for that system.

Wes Barton agreed around that time it was 6 million dollars.

Kampa commented on the testing required and strict permitting…… engineering to keep it in compliance.

Ross asked what the direction was for the GM?

Johnson said, go there and find out, move forward, talk to county, if question comes up if board interested— no we are not.

Warren wanted more information, system worth, cost of operation, how it will pay for itself….

Ross said it cannot pay for itself which is the problem.

Johnson said Kampa needed to talk to the county.

Kampa wanted the board to specifically direct him  —- talked about property values in the area…….

Our community reputation……engineering evaluation, condition of assessment, operating expenses, depreciation, what is financial picture, what are we taking on? ,   Capital improvements…..if they provide this then the board has something to discuss.

Warren wanted to know about unfunded liability for past personnel.

Wes Barton said the contract written was based on a very small waste water plant, but they built a new plant and never asked us to participate with that treatment plant project and that the sewer facility was definitely tied to the residential development at the time, we have NO RESPONSIBILITY!  The original district and what is now proposed are two different things.  Wes said he would not go and discuss it at all.  Great for the county but not the CSD.  He said if we discuss it, it will take time, effort, money…..just like the MSR that never got done.   That money went nowhere.  Don’t screw around with this thing- Pete has enough to do now.

Ross said Wes had some good points.

Kampa said never in his career had he turned his back on someone who wanted to discuss a matter.

Warren said all we see are things we can’t afford, this doesn’t help to pump and treat water for our customers.

Johnson said if a county supervisor would like to come to the meeting and educate directors, bring it on.  Come to the meeting and spin it to the board.  That way the board does not say just NO, but come and dance in our house!  Warren stated we did not represent their interests.

(LEW VIEW: WHY DID NOT ONE DIRECTOR ASK FOR OUR ATTORNEY’S PRIOR OPINION ON THIS MATTER  WHICH WAS WE ARE AN EXISTING SPECIAL DISTRICT AND THE COUNTY COULD NOT FORCE US TO TAKE ON SUCH A LIABILITY!  Why did Planning Director/LAFCo Executive Officer Sarah Williams report to the Mariposa County Board of Supervisors some time ago that the LDPCSD could not be forced by the County of Mariposa to take possession of that failing sewer system zone it set up without notice or participation by the LDPCSD?  What has changed since then?  Have all those years of missing LAFCO RECORDS BEEN SANITIZED and the deceptions concealed?)

Johnson requested a motion from the board.  Kampa said he is going to be asked to attend a meeting with the supervisor one way or the other.

(LEW VIEW:  PROPERTY VALUE DISCUSSION WAS A RED HERRING DISTRACTION!)

Syndie stated she had several directions….Pete to talk to supervisor and ask him to attend one of our meetings…. Johnson said it was just a suggestion, but we have to tell Pete what to do.

Warren said the supervisor should come to our meeting and tell us the facts!

Hankemeier said they reject it based on what Emery said.

Warren said Kampa didn’t want to slam the door in their face.

Kampa said we could check on our legal options……..what are the other options?  Go to LAFCo?  What are our opportunities?  Application to LAFCO to have condition removed?

Johnson said for Kampa to go and get those answers, board is researching,

Warren said we should talk with our attorney and see what he says…..Kampa to talk with our attorney and bring back to board the attorney’s suggestion.

 

HERE WE GO AGAIN REPEATING SOMETHING ALREADY DONE AND PAID FOR!!!!

 

1423hrs adjourn

 

My best to you and yours, Lew

SAME OLD GAME….do whatever it is you want and then attempt to change the rules and mitigate damages to those innocent victims already harmed.

Check out how support for this proposed “administrative change” by the STATE WATER RESOURCES CONTROL BOARD (SWRCB  aka “STATE WATER BOARD”) was initiated and why.

Should not such a request have been forwarded to the SWRCB PRIOR TO ANNEXING properties into the LDPCSD that were clearly outside the POU of WL11395?

 

Please also appreciate that once again FALSE INFORMATION WAS BEING USED TO ENCOURAGE OTHERS TO SUPPORT THE CAUSE OF REPLACING THE LEGITIMATE MAP WITH A “FAKE POU MAP” SO AS TO CONTINUE THE EXPANSION OF THE DISTRICT WATER SERVICE BOUNDARIES EVEN FURTHER THAN HAD ALREADY BEEN EXPANDED BY LAFCO!

What is the FALSE INFORMATION BEING CONVEYED?

The WRONG POU MAP had been filed with the State of California instead of the map “KAMPA & KOMPANY” (and his LDPCSD predecessors who advocated district expansion beyond the water license boundary from “day one”) claim was the correct map and included many of the LAFCO ANNEXATIONS into the district that had already started receiving water – not to mention all those which were planned to also be served outside the POU.

Apparently the incorrect June 20, 1977 map which included many LAFCO ANNEXATIONS “reserving water for future use”was indeed filed with the state during licensing yet was later revised June 15, 1998 to remove those areas “reserving water for future use” which were clearly outside the WL1395 POU boundary.

Here are the words from the September 28th, 2017 SWRCB NOTICE OF VIOLATION to the LDPCSD (page 31-32):

“A review of Division records indicates that issues with the POU on MID’s License 11395 corresponding to the LDPCSD area began in the 1970’s and were discussed by correspondence in 1999 and 2000.  By letter dated August 18, 1999, MID requested an administrative change to expand the boundaries of its service area under the license.  MID claimed that the boundaries should have included parcels outside of the designated POU, served with water as early as 1973.  However, according to MID, these areas were not included in the POU due to MID not submitting a revised map between 1978 and licensing.  Division staff produced a memo dated February 23, 2000.  The memo indicates that the POU for License 11395 includes “domestic use at homesites with the service area of Sierra Highlands Water Company.”  The Sierra Highlands Water Company is the predecessor of the LDPCSD.  The memo concludes that the licensed POU purposefully did not include the areas “reserving water for future use”, as shown on the June 20, 1977 map.

MID was informed of the Division’s findings by letter dated March 21, 2000, and the Division advised MID that a change petition was needed to fix the discrepancy in the POU.  After subsequent correspondence, MID stated by letter dated December 19, 2000 that LDPCSD is not using water diverted under the MID license outside the POU.  Additionally, the letter states, “We believe the use of supplemental supply by the LDPCSD and the associated reporting to Merced by the LDPCSD avoids the need for Merced to file a petition for change pursuant to its water rights.”

PAGE 33:

“Division staff obtained maps of the LDPCSD from Division files and from the LDPCSD website.  The website has a side by side display of the 2012 LDPCSD boundaries and the June 20, 1977 map (revised June 15, 1978) submitted to the Division as part of the licensing process, cited in the 1999-2000 correspondence.”

 

Recall what the result of this orchestrated  request for a POU change based on more incorrect information provided by the LDPCSD was?…….

 

 

 

Yet here we are once again in 2018

continuing the same waste and misuse of substantial public funds and resources in another attempt to re-litigate and expand POU BOUNDARIES [changing water license] that were legally established over forty years ago.  Why?  Special interests want to include properties for Merced River water service despite the fact they are clearly outside the legitimate POU of the entitled residential subdivision.

Appreciate the “DOUBLE WHAMMY” in financial costs and reduced services for MR WECs?

If no POU CHANGE – pursued with local public funds for private land developer interest benefit – then their “fallback position” is simply the continuation of the unethical and EXTREMELY EXPENSIVE SUBSIDIZED GROUNDWATER SUBSTITUTION FOR WRONGFUL MERCED RIVER WATER DIVERSIONS outside the POU of WL11395!

The original Ranchito Drive well #1 has been down for years which means EVERY SINGLE DROP OF GROUNDWATER being used to remedy these intentional violations of the water license (providing water outside the subdivision) has been funded with STATE and FEDERAL GRANT MONEY  THAT WAS SPECIFICALLY INTENDED TO ASSIST EXISTING CUSTOMERS THROUGH EMERGENCY DROUGHT CONDITIONS…….NOT TO PROVIDE A SPECIAL FINANCIAL WATER SERVICE BENEFIT TO LAND DEVELOPERS WITH LAFCO ANNEXED LAND OUTSIDE THE SUBDIVISION PLACE OF USE !

I believe such could be considered a misappropriation of government funds if requisite intent could be established.

The MR WECs of the LAKE DON PEDRO residential subdivision have been paying more for their water service since DAY ONE (higher availability fees had to be approved due to low population in subdivision but then that extra revenue was used to pursue further service OUTSIDE THE FRACK’N SUBDIVISION!) because of the intentional failure of the District to abide by the water restrictions contained in WL11395 while simultaneously catering to the special interests of real estate/land developers holding vast areas of land outside the license boundary which required water for development.

Also  please remember that the 1987 establishment of a huge SPHERE OF INFLUENCE (SOI) BOUNDARY [where water service might reasonably be provided in the future] was based on a detailed LAFCO commissioned SOI RESEARCH STUDY and Report that……..

NEVER ONCE

MENTIONED THE WATER RESTRICTIONS IN WL11395!

Peculiar, yeah?

My best to you and yours, Lew

 

PS: Latest request for Public Information:

 

12:05 (today)

Good afternoon Syndie – hope you had a happy Thanksgiving!

Please accept this email as a PUBLIC INFORMATION REQUEST FOR a copy of the April 15, 1998 LDPCSD Place of Use boundary map.

BACKGROUND: Per the Lake Don Pedro Community Services District (LDPCSD) May 14, 1998 correspondence (composed by then GM Lois S. Di Tore to the Mariposa County Board of Supervisors requesting support for a STATE WATER BOARD Administrative Correction to the water license Place of Use) I hereby request a copy of that LDPCSD prepared April 15, 1998 POU map presented to the Mariposa County Board of Supervisors for their consideration and ultimate action on that matter.

ALSO, I have not received a response to my November 14, 2018 PUBLIC INFORMATION REQUEST for the following documents:

1. A copy of the Official WL11395 POU Map currently on file with the SWRCB;

2. A copy of the LAFCO 1980 formation map derived from the metes and bounds field survey of the proposed LDPCSD service area;  and

3. A CD copy of the audio recording of the last LDPCSD special meeting held on November 12, 2018.

Please let me know of any particulars and I will make arrangements for payment and pickup.

Thank you, Lew Richardson

~

Lew,

Your email has been received and is being processed.  The requested CD of the 11-12-2018 Special Board meeting has been created and ready for pick up during office hours. You will be notified upon completion of the remainder of your request.

Regards,

Syndie Marchesiello

Office Manager / Board Secretary

PH# (209) 852-2251 Ext. 2

Fax #(209) 852-2268

www.ldpcsd.org

Perhaps Pete Kampa has not actually read the State Water Resources Control Board’s (SWRCB) September 28th, 2017 Notice of Violation for alleged WL11395 Water Right violations?

How could he miss and/or ignore the State’s clear determination of facts relating to the PLACE OF USE for Merced River water per Water License 11395 held by the Merced Irrigation District (MID)?

Why does Kampa continue displaying the June 20th, 1977 MID POU Map on the LDPCSD website as the official MID POU Boundary map when the REVISED JUNE 15th, 1978 IS THE OFFICIAL MAP ON FILE WITH THE SWRCB?

Is he trying to passively communicate with others who might view the website for information as to their outside MIDPOU property interests Kampa has previously promised water for their developments?

Why continue with SUCH OUTRIGHT WATER BOUNDARY MISREPRESENTATIONS ALREADY RESOLVED BY THE SWRCB MULTIPLE TIMES?

Why does Kampa ABSOLUTELY REFUSE TO ACKNOWLEDGE the legitimate June 15th, 1978 MID POU Map which is on file with the SWRCB as the POU for WL11395?

How can Kampa be allowed to continue managing a local public agency like the LDPCSD according to his own SPECIAL INTEREST rules and regulations which clearly contradict what the State of California has already determined, established and documented as the operating law?

Below is the map Kampa still displays on the LDPCSD website – WHICH IS INCORRECT!

 

AND OF COURSE….the above INCORRECT EXPANDED WATER SERVICE MAP also conceals the KAMPA SLUMBERING PROPOSED 900 acre RESIDENTIAL SUBDIVISION ACROSS THE STREET FROM THE LDPCSD OFFICE THAT EVEN SITTING DIRECTORS BACK THEN WERE COMPLETELY UNAWARE—- heck, even MARIPOSA COUNTY LAFCO illustrated that property as SOI (SPHERE OF INFLUENCE) up until only a few months before KAMPA’s UNETHICAL RETURN AND APPOINTMENT AS GM….

…but, but, but……how could that happen with a dedicated and honest employee on the job you might ask?   lol!

That question presumes a dedication and honesty to the lawful functioning of the LDPCSD to the benefit of the intended customers of that former SURFACE WATER TREATMENT PLANT the MR WECs of the subdivision that simply did not exist.

The focus since “DAY ONE” of the LDPCSD (and obviously encouraged and supported by the two district forming county LAFCOs who gained land development revenue without the liability of being required to provide the necessary potable water service in a known drought prone area) was to extend those main pipelines even further beyond the PLACE OF  USE BOUNDARY OF THE SUBDIVISION FOR MERCED RIVER WATER PER WL11395.

Back then KAMPA was forced to keep his private ANNEXATION DEALS concealed from the BOARD OF DIRECTORS yet now, KAMPA has a fully co-operating board of defectors that have taken ABSOLUTELY NO INTEREST WHAT-SO-EVER IN THE LEGAL POU OF WL11395 preferring instead to fund a $35,000 digital mapping project which enabled PETE KAMPA to fabricate his FAKE POU MAP to include his annexed properties from 20 years earlier. 

• So sad our “YES BOARD” did not have EVEN ONE DIRECTOR OUT OF FIVE willing to stand up to KAMPA and “do the right thing” – they could have stopped this continuing WASTE OF PUBLIC RESOURCES by demanding an authentic WL11395 POU BOUNDARY MAP from the State Water Board or the Merced Irrigation District rather than permitting KAMPA to orchestrate this elaborate fraud built on false, antiquated, and misrepresented information to reconfigure the POU just like KAMPA & KOMPANY reconfigured our SURFACE WATER TREATMENT PLANT INTO A GROUNDWATER SUBSTITUTION FACILITY FOR LAND DEVELOPERS OUTSIDE THE WL11395 POU for MERCED RIVER WATER!

Since Pete Kampa returned to the LDPCSD in October 2014 he has only continued the LAFCO ANNEXATION expansion plans made over twenty years ago with which he was also personally involved.

WHAT SORT OF PEOPLE WOULD SELL RECENTLY DEVELOPED PUBLIC EMERGENCY DROUGHT GROUNDWATER TO THE SPECIAL INTERESTS OF SPECULATIVE REAL ESTATE AND LAND DEVELOPMENT INTERESTS which our LDPCSD has no legal duty or moral obligation to provide water?

?????? $$$$$$ ??????

Here’s a quick update on the most recent PUBLIC INFORMATION REQUEST:

 

 

 

 

LDPCSD SPECIAL MEETING

November 12, 2018 at 1:00 p.m.
This Meeting replaces the November 19, 2018 Regular Board Meeting (PDF below…if this works – CONTROL PAGES BOTTOM LEFT IN DOCUMENT. YOU KNOW, I worry sometimes that I am only a sneeze away from forgetting how to do any of this! lol)

2018-11-12 Special Meeting Agenda Packet

What better time to distract from the clear past COUNTY BETRAYAL and DECEIT already displayed for the <MR WECs> of the LAKE DON PEDRO residential subdivision?

Imagine, MARIPOSA COUNTY LAFCO waits a month after the STATE OF CALIFORNIA declares the Merced River water fully appropriated and being put to maximum beneficial use per the State Constitution to then quietly, and greatly, expand the water service area boundary for its new LAKE DON PEDRO CSD that is clearly far beyond what the California Public Utilities Commission was prepared to approve. In fact, the CPUC went to great lengths in that decision to clearly explain what properties were, and were not, to be provided water by the new LAFCO formed district. The reason for the last 38 years of that missing LAFCO SERVICE AREA MAP? Evidence of the deception?

Yup, in August 1980 LAFCO quietly enlarging the LDPCSD water service area (apparently re-confirmed in Kampa’s recent statement that Unit 7 was part of the Sierra Highlands residential subdivision and therefore, within his “interpretation of the WL11395 POU) only months before receiving the SIERRA HIGHLANDS WATER COMPANY facility and assets transfer approval from the California Public Utility Commission (CPUC) in January 1981, effective February 1981?

The official service area map missing for over 38 years – despite the fact the 11 pages of metes and bounds survey still exist?

Refusal to provide that original area service map to other requesting government entities and individuals through the last almost four decades!

Missing MARIPOSA COUNTY LAFCo (Local Agency Formation Commission) records on their internet page and refusal to reply to multiple FORMAL REQUESTS FOR PUBLIC INFORMATION REGARDING HIGHLY SUSPICIOUS ANNEXATIONS INTO THE LDPCSD?

A SPHERE OF INFLUENCE (SOI) boundary developed by LAFCO based on an in depth detailed report 7 years after LDPCSD formation without a service map (and after the logical ZERO SOI PROPOSED BY THE PLANNING DEPARTMENT) – A DETAILED SOI REPORT THAT DID NOT EVEN  MENTION STATE WATER LICENSE 11395 restrictions on Merced River water use outside the Lake Don Pedro residential subdivision (formerly Sierra Highlands Water Company subdivision)?

When LAFCO was approving many of these annexations please also remember the LDPCSD DID NOT HAVE A SINGLE GROUNDWATER WELL AT THE TIME FOR REPLACEMENT OF THE  MERCED RIVER WATER ILLEGALLY LEAVING THE SUBDIVISION/GOLF COURSE AREA!

In other words, LAFCO was approving annexations into the LDPCSD for development that the district could not possibly legally provide water and all these annexations were based on a  “detailed” and contracted SPHERE OF INFLUENCE STUDY REPORT (resulting in a huge SOI Boundary for properties and their “potential future water service”) that NEVER ONCE MENTIONED

IT WAS ILLEGAL TO PROVIDE MERCED RIVER WATER TO THOSE ANNEXATIONS!

FOLKS, THIS IS NORMALLY CALLED A BIG CLUE!

Please also consider….

A proposed “slumbering 900 acre residential subdivision across the street from the LDPCSD” that was acknowledged twenty years later and only a few months before PETE KAMPA/KAMPA COMMUNITY SOLUTIONS / aka KAMPACS, unethical return and appointment as general manager without even a rudimentary background employment check? (Accomplished through a LAFCO – LDPCSD semi-closed meeting in Mariposa that I was repeatedly told I could not attend which just happened to result in a NEW LDPCSD SERVICE BOUNDARY THAT INCLUDED ONE OF KAMPA’s 20 year old LAFCO ANNEXATIONS REQUIRING an expensive GROUNDWATER SUBSTITUTION PROGRAM TO DEVELOP?

$

Granting Kampa unlimited access to over one million dollars in district funds accumulated due to the successful passage of a proposition 218 to avoid bankruptcy?

That million dollars was used to leverage state and federal grants in order to develop groundwater wells that the government and public were told would only be used for emergency drought purposes, yet was actually used to create a massive “ALTERNATE SOURCE OF WATER” with which to sell to the many LAFCO ANNEXATIONS OUTSIDE THE WATER LICENSE LEGAL PLACE OF USE PETE KAMPA SET UP OVER TWENTY YEARS AGO when starting his infamous water career in California?

Still waiting for the conclusion to the State Water Board investigation and Pete Kampa’s obvious attempted change of the WL11395 Place of Use Boundary (to include the annexations he pushed twenty years ago) for Merced River water with a fabricated incorrect boundary map Kampa  submitted to the State Water Board in defense of his wrongful activities?

(Kampa’s FAKE POU MAP was created with a Board approved $35,000 digital mapping project

while that same board steadfastly refused to simply contact the

State Water Board or  the Merced Irrigation District for an official WL11395 POU map!

How “single minded” and/or negligent is that one aspect to this mess?)

An acquiescent Board of Directors who despite years of requests by the public would not even simply pick up a telephone and request a legitimate POU map from….oops!   repeating myself….lol

Yup, what a perfect time for Kampa and Kompany to schedule a Special Meeting (cancelling the regular meeting with its procedures and routine production of  public information) to discuss another financial deception and betrayal by the county and LDPCSD “remote management”.

 

My best to you and yours, Lew

Especially since you have not been receiving the “best from the county (not even adequate)” – much less their co-operative ” and disingenuous part time manager” Pete Kampa & Kompany.

WE HAVE ENOUGH KAMPA KRAPA ALREADY

WITHOUT THAT

FINANCIAL LOSER

OF A SEWER TREATMENT PLANT!

Consider: LAFCO is not supposed to act arbitrarily or capriciously?  Take a look at the LDPCSD’s 38 years of ridiculous annexations, islands of service, and groundless LAFCO decisions – that quite often do not even adhere to their own operating regulations!  Check out the haphazard sub-par annexation paperwork – if you can get the county to provide the years of evidence still missing from their website!

WHAT ABOUT THE PAST LEACHATE DUMPING PRACTICE?

What about the county’s  dumping of tanker truck loads full  of toxic leachate from the  Mariposa County Landfill into the Don Pedro wastewater facility when their leachate basins overfilled during heavy precipitation?

Is that what caused the premature damage and eventual replacement of wastewater plant equipment?

Will that LEACHATE transport-dumping procedure continue when necessary or was it just a temporary answer to a serious County problem that the Don Pedro facility was used to remedy while in the county’s control?

there is soooooooo much more to this betrayal ……but I have ignored my own work long enough,  later

Sorry for the copy quality.  The above page was in a Mariposa County LAFCO TRAINING presentation to the Mariposa Board of Supervisors on September 26th, 2018.   (This LAFCO TRAINING presentation had been continued from the April 18th and June 27th, 2018 meetings.)

Here’s the website:     MARIPOSA COUNTY LAFCO 2018 CALENDAR

ANYWAY, had just started looking over the material as to SPECIAL DISTRICTS (which are supposed to have “limited boundaries” you know) in MARIPOSA COUNTY that were subject to this LAFCO authority when the description of our LAKE DON PEDRO  COMMUNITY SERVICES DISTRICT (LDPCSD) on page 11 jumped out at me….. (so naturally, I will emphasize that information to make it JUMP OUT AT YOU! lol)

 

“LDP Subdivision properties in both

Mariposa and Tuolumne Counties”

That description may be technically correct but it is extremely misleading and far from accurate if the Board of Supervisors (or anyone else for that matter) is truly interested as to why the LDPCSD has been a dysfunctional and corrupt SPECIAL DISTRICT since formed by the LAFCOs of both Mariposa and Tuolumne Counties in August 1980.

(Our district’s’ EXPANDED ANNEXED AREAS of water service beyond the subdivision is precisely WHY THE MANDATORY CUSTOMERS OF THE LDP SUBDIVISION HAVE BEEN PAYING TOO MUCH FOR THEIR WATER since day one!)   The above description was simply how the LAKE DON PEDRO CSD was sold to the public and other government entities, however, the actual district that was established was — (years before formation) — FAR OUTSIDE THE WATER APPROVED LDP SUBDIVISION.

So a more accurate description of this unorganized, sprawling, and unethically managed SPECIAL DISTRICT under MARIPOSA LAFCOs authority might more accurately be described as:

“The LDP Subdivision properties in both Mariposa and Tuolumne Counties for which a surface water treatment plant was designed and constructed to serve Merced River per State Water License 11395 to that PLACE OF  USE residential subdivision, PLUS, thousands of additional acres LAFCOs later ANNEXED INTO THEIR MUTUALLY FORMED SPECIAL DISTRICT OUTSIDE THE APPROVED SUBDIVISION which require an extremely expensive groundwater substitution program subsidized by the mandatory property owners of the LDP subdivision.”

Or something like that, lol.

 

My best to you and yours, Lew

 

 

 

 

Congratulations to all candidates and voters

who participated in this year’s midterm election!

 

 

~ My post election blah, blah, blah poem ~

 

Elections rarely approve everything we want

But usually enough that we need

 

But more often than not what is deserved,

If we fail to protect what we believe.

 

~

 

GOD BLESS AMERICA

(or not, your choice)

and

ALL HER CITIZENS*

regardless of OUR diverse “interpretations” as to what makes, and keeps HER, the beautiful and free NATION so many on this planet desire to call home.

*DISCLAIMER: THE above proposed Blessing includes the phrase “and ALL HER CITIZENS”, however, lakedonpedro.org expressly excludes from that proposed Blessing, all those who enter, or wish to enter, OUR NATION with the express purpose of causing harm, injury or death to ANY OF HER CITIZENS OR VISITORS, illegal damage or destruction to public or private property within HER BOUNDARIES, disruption, obstruction, corruption of HER GOVERNMENT ENTITIES, or otherwise generally disrupt and inconvenience the proper functioning of HER LEGAL PROCESS from the inside.  As an alternative, lakedonpedro.org proposes a blessing that would free these infiltrators of the hatred and devotion to evil which harms so many innocent lives. 🙂

 

ANYWAY, “WE” are ALL WINNERS with HER continued existence!

 

My best to you and yours, Lew

My best to you and yours, Lew

OK, will the real QUICKIE #4 please stand up?   lol   OK, here we go again.

DIFFERENCE BETWEEN STANDBY and AVAILABILITY FEE?

STANDBY FEE was the original term  used for those subdivision properties where water service had not been connected yet, but was “standing by” waiting for the property owner to request service at which time it would be provided.  The California Public Utilities Commission (CPUC) made this point quite clear when it approved the transfer of Sierra Highlands Water Company facility and assets to the new LDPCSD.   ANY SUBDIVISION PROPERTY DOCUMENTED IN THAT TRANSFER COULD RECEIVE WATER SERVICE AT ANY TIME UPON DEMAND!

The “availability fee” was added in the 1990’s to cover all the COUNTY LAFCO ANNEXATIONS that DID NOT HAVE A RIGHT TO THE MERCED RIVER WATER UNDER WL11395 – they could only receive extremely expensive GROUNDWATER SUBSTITUTION– therefore, their water service was contingent upon an “ALTERNATE SOURCE WATER” being available for their outside WL11395 Place of Use properties.

Pete Kampa was returned in 2014 to create that massive “ALTERNATE SOURCE OF WATER” aka expensive groundwater substitution, with groundwater wells developed with public funds and resources for the purpose of supplying water to the LAFCO ANNEXATIONS Kampa setup in the 1990s.   (This was a violation of the intent of grant funds that were supposed to be used only for existing customers to insure they would not run out of water during the state wide emergency drought.)

Kampa used this state wide emergency drought to conceal what he, his board, and others, were actually doing – MISAPPROPRIATING  THOSE GRANT FUNDS TO CREATE AN ALTERNATE SOURCE WATER in order to remedy the many water right violations committed through service of Merced River water outside the legal Place of Use of water license 11395 that the LDPCSD has used since formation in August 1980.

PLACE #5 here, as #4,  dumb ass!

 

My best to you and yours, Lew

 

NOTE:

I should know better by now…..I can not race through these meeting reports.  Yesterday I was arranging and “producing” clips while simultaneously uploading a clip to YOUTUBE (that’s what really takes the time).  So while uploading to YOUTUBE I was working on other clips getting them ready for uploading once the  current upload finished.  (make sense?)  Anyway, ended up accidentally producing and uploading Part 3 twice!  Just noticed it this morning.  DARN IT!

Now backtracking and trying to locate a new start position. Yup, too old and tired for this stuff.

Anyway, I can not change those meeting presentations already uploaded to YOUTUBE and displayed – so ignore the part identifier on the clip.  (it will jump from 2 to 4 because I had to remove the incorrect #3 and change #4 to #3).   Geez. Starting to sound like a typical  Pete Kampa presentation!   LOL!   Certainly wasted another weekend again.  Oh well, I still believe the time is well spent because I cannot simply sit back and watch the continuing misrepresentation of what KAMPA & KOMPANY have been doing for years – intentional acts – not accidents or misunderstandings.

OK – back to the clean up!

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

Seems everyone gets some “special benefit” water service from the LDPCSD except for the MR WECs who is saddled with, and primarily pays, the escalating bills because they are property owners within the LAKE DON PEDRO OWNERS ASSOCIATION subdivision!  Where is the LDPOA legal assistance to defend and protect the water rights of every property within the subdivision that is dependent upon the LDPCSD for their ENTITLED MERCED RIVER WATER SERVICE?

Yup, ANYTHING VALUABLE REQUIRES PROTECTION- and quality Merced River water in a drought prone foothill area is certainly valuable.

My best to you and yours, Lew