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 21^st, 2016.

The new “revised agenda published on March 18^th” 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

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

The concept of “water banking” popped into my head yesterday morning while showering.  Following the routine capture of “warm up water” in a five gallon bucket by means of the bath tub faucet, I turned on the shower and started another drought inspired ritual: the morning race to save time and water.  During the rinse segment of the morning’s competition I happened to catch a glimpse of sudsy water disappearing into the drain and for some reason flashed on Friday’s unbelievable amount of rain runoff washing down the hill – sure wish I could have captured and saved more for later use.

H2O BANKING?

Water banking, familiar with that?  The water regulator’s system of saving/withholding specific amounts of water in one location so as to permit the legal transfer and use in a different geographical area?   Ever hear, see or somehow experience something that suddenly made other related stuff make perfect sense?  In this case, “perfect cents”?  Lol This is hard to explain.  The “banking” of water is an excellent analogy to the banking in financial institutions with which we most often associate the term “banking”.  Just replace the word money with water.  Money management – water management.   Money deficit – water deficit (drought).   Money credit – water credits.  Money loss – water loss.

We all recognize the concept of money right?  You know, dollars, cash, folding stuff, coin, bucks, bones, bread, dough, jack, dead presidents, Benjamins, and many other slang expressions for our legal currency.

MONEY or  H2O ?

Seems at first like a simple matter of just substituting different units of measurement for a different concept of value, in this case, a natural resource.  Like other things of value in this world (which obviously includes life forms such as humans) natural resources are often exploited by some humans for the sake of monetary profit and/or power over others.  Unfortunately, when such exploitation is accomplished in violation of clear legal restrictions it usually also involves significant waste and complete defeat of the intended beneficial uses by those entitled to its use through regulation.   I believe this is true whether with money or water.

$$$ H2O

True a dollar may have a fluctuating market value and a gallon is a gallon.  It is a volume measurement that doesn’t actually change, however, doesn’t even a gallon of water also become “more valuable” during drought?  I realize nothing is a perfect representation of something else (otherwise there wouldn’t be two different things right?), but there are a lot of similarities between “BREAD” and “WATER”.   (That’s how we live and survive right?  Bread and water?  Lol)

Dollars in US currency.  US Gallons in water.   A single dollar, or a $5, $10, $20, $50, $100.  Hundreds, Thousands, Millions, Billions, Trillions of dollars in currency.  How about a bitter dose of reality this Sunday morning?  http://www.usdebtclock.org/

Water in US measurement: Gallon = .13 CF; CF or cubic foot = 7.48 gallons; CCF – Centum Cubic Foot (one hundred times 1 CCF) = 748 gallons; one acre foot = 43,560 CF = 325,861 gallons; one CF per second = 646,317 gallons per day, etc.

SIDE NOTE:  Ever cross a bridge over a river/stream and notice a structure or some equipment near the flowing water?  Water regulation begins with understanding how much water is actually flowing from a watershed.  Often automated river/stream gage stations report to an integrated system of water release and retention operations by dams and reservoirs that are controlled by government approved facilities.

Check out the Merced River flow the other night just before midnight: (this real time reporting will obviously change…but I was referring to the 2500 cfs flow which should be viewable for a while):   http://www.merced-river.com/merced-flows.htm

Here is some other material on this water flow measuring: http://water.usgs.gov/edu/measureflow.html

 

GOVERNMENT REGULATES MONEY AND WATER

State and Federal Government regulates monetary currency flow through a number of public and private financial institutions.   Banks and credit unions count, monitor, bank, transfer, and loan dollars.  They are also concerned with issues of fraud, money laundering, criminal usury, funding of terrorism, etc.

Water is regulated on the federal level by the US Department of the Interior, Bureau of Land Management, Fish and Wildlife, etc. while California organizations such as the Environmental Protection Agency, Department of Water Resources, and the State Water Resources Control Board, etc. regulate water on the state level.  From what I have read it seems like the State Water Resources Control Board, or the SWRCB, controls the “who, what, where, when and why” aspects of water use in the state.

This water regulation is an extremely complex subject especially with the numerous overlapping government jurisdictions and competing perspectives of maximum beneficial use under the California Constitution.

ANYWAY, it sure appears incorrect information was intentionally furnished, and later used by both the community services district and the respective counties of Tuolumne and Mariposa, to greatly expand the district service boundary through LAFCo annexations to the district.  This incorrect information was subsequently used by a variety of government agencies and departments for a host of  purposes including taxation.   This “district expansion” was based on LAFCo representations that even more service connections would be installed outside the clear legal boundary.  This was facilitated by actively concealing the fact Merced River water pumped under L11395 (MIDs license under which the district operates) COULD NOT be delivered to outside license permitted properties.

Revealing and understanding that fact would have been much more honest, accurate and probably would have prevented decades of unnecessary community turmoil.   (Who knows?  Maybe even our Administration Office would not have been destroyed by arson on February 27th, 2012?) 

What are the most important aspects of this DISINGENUOUS FACADE OF A MASSIVE WATER EMPIRE IN THE MIDDLE OF DROUGHT PRONE SIERRA NEVADA FOOTHILLS to the Merced River water entitled 3,128 +/- legal customers in the Lake Don Pedro Owners Association?

• All expansion must be supported with extremely expensive and traditionally unreliable ground water wells – (new wells advertised as emergency water source for existing customers)
• The additional costs associated with this ground water substitution program have been, and are proposed to continue to be, paid for by the 99% of legal users, and
• The District had/has no duty or obligation to provide an alternate source of water to properties outside the surface water treatment plant operating license.              

Such a decision to expand water service based on expensive and unreliable ground water wells to properties otherwise not entitled should have been based on an affirmative vote of every single property owner who had the legal right to Merced River water under L11395 and had paid money to this district for that right since 1980!

$

EVERY SINGLE PROPERTY OWNER – not just local residents.

The District was well aware of its service limitations from the very beginning of its existence in August of 1980.  The first directors on the board and “in charge of this brand new district” however, did not uniformly enforce regulations.  In all fairness, I cannot possibly imagine the horrible pressure placed on these directors to expand service to other nearby properties.

Many of these “outside permitted area” properties, if not all, were included in the expanded district service boundary based on repeated verbal assurances from an inherited General Manager of Sierra Highlands Water Company.

Check out the maps for yourself:

JUNE 15 1978 MID MAP SHOWS SIERRA HIGHLANDS WATER COMPANY BOUNDARIES

 

It should be noted that this GM was also a later employee of a multi-million dollar land development/mortgage corporation that was also aggressively pushing for additional service connections outside the MID POU in addition to other “special considerations” regarding water matters.  (Including refusal to pay substantial overdue water bills and negotiating reduced “settlements”).

Back to the dollar & water banking comparison – (Need to post and get outside to do some work!)

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

If a group of people who desperately wanted money constructed their own secret entry into a bank vault (with the assistance of a co-operative bank president)  would you as a legitimate customer of that bank consider that surreptitious vault entry (even if completely paid for by the group wanting more money) credible and/or sufficient evidence that the group seeking money was entitled to your bones?

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

 

My best to you and yours, Lew

[ie, Juxtaposing the district’s position that the physical presence of a service connection is evidence of a right to water service with an illegal tunnel into a bank vault not being evidence of a right to another person’s money.]

PLEASE CHECK ABOVE LINKS FOR FREQUENT CHANGES – 🙂

– I am NOT referring to the burritos and Jalapenos.    lol

This website will be undergoing some upgrading for a bit so please bare with me as I am not very computer literate.  Seems every time I take a break from this blogging stuff I forget what little I have learned in addition to how upgrades often don’t go as smoothly as anticipated.  Learning new stuff is great but perilous if not absolutely confident about what you’re doing.

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NEWS NOTE:  Yesterday’s LDPCSD Board of Directors vote to rescind Resolution 2013-4 (prohibiting additional CSD water service to properties outside the Place of Use under Water License 11395 and Merced Irrigation District’s Place of Use restrictions per L11395), has evidently been deferred to committee to ascertain specific information regarding these properties. The matter is anticipated to be reconsidered by the board in approximately two months.

RAIN?

I started moving around at 0430hrs this morning due to howling wind through a partially opened bedroom window. Shaking off the evaporating memories of sleep, my nostrils filled with breezy swirls of that aromatic hint of precipitation. Do you know what I mean? (remember Lee Michaels? Lol) That unmistakable smell of rain on the earth, trees, paved highways, and such?

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Only a few sporadic drops have fallen so far, but with a continued forecast of “chance of rain” for the next couple of days, let’s hope more is on the way.   Especially in the higher elevations where every crystal of ice and snow will be needed for the approaching warmer weather.

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SAVED IT AGAIN
Well, at least I saved the deck umbrella this time as I have lost a few of them through the years due to the common and very strong wind gusts up here. This year I drilled a hole through the metal umbrella stand pipe just below the hole in the table so I could place a large bolt through the pipe so upward air movement wouldn’t allow it to “take off” again like last year’s umbrella excitement.

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During a developing storm last year I was rushing to get outside because I could see the umbrella and stand pole violently moving up and down repeatedly. The umbrella/stand would rattle and shake wildly back and forth then quickly jump up due to the lifting wind under that crude 12 foot diameter sail. When the wind lessened and the upward movement ceased, gravity pulled it back to earth approximately two-three feet with a shuddering thump of the stand on the wood deck.

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I had just passed through the open sliding glass door to the deck when an exceptionally strong gust blasted the whole umbrella straight up into the air – with the stand completely clearing the table! It was in flight! Straight up like a 12 foot diameter bloated canvas rocket launched by nature’s laws of physics at Cape Don Pedro.

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I instinctively grabbed the stand pole (about eye level and still going up) with both hands in a panicked baseball bat type grip and physically struggled to gain “flight control” of this extremely powerful “aircraft” which had a final destination of its own planned. Following the brief, but significant struggle, I successfully executed a “semi-controlled crash” back to the deck with only minimal umbrella damage.

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After my heart rate had slowed and the tingling shiver sensation of fear running up and down my back and neck had subsided, I realized just how fortunate I had been. Those annoying “extra pounds” were finally appreciated for the assistance in keeping my dumb ass on the deck!

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Had any one of a number of variables been different, I could easily envision an age appropriate humorous news report of the resulting accident:

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“Local Don Pedro Resident “Mary Poppins” To Area Hospital”

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My best to you and yours, Lew

PS:  Speaking of old songs (Lee Michaels), remember  Monty Python’s movie: “THE MEANING OF LIFE” and : THE UNIVERSE SONG ?

I wonder if regulating authorities like the State Water Resources Control Board (SWRCB) approve of our surface water treatment plant intentionally circumventing very clear prohibitions of water service under L11395?

Running “State and Federal Grant money funded ground water” through our treatment plant to magically “WASH AWAY LEGITIMATE RESTRICTIONS” of Water License 11395 is reprehensible conduct.  This is especially true during this severe drought where many communities have been seriously harmed.   Such Director betrayal of fiduciary duty to the District and existing customers is quite appalling in light of the fact these emergency ground wells were applied for, constructed, and quite clearly represented as the remedy for water sustainability for existing customers.  The wells were NEVER MENTIONED AS A MECHANISM to circumvent the law to continue prohibited water service outside license requirements.

Does any of this make sense to you?  Strict water restrictions under penalty of fine for legally entitled water customers while the GM/Board plan to provide ground water from our new expensive wells to properties not entitled to water under the District’s operating water license?  The District has been subject to those regulations since its formation as a Public Agency almost forty (40) year ago but this recent “emergency drought” provided the opportunity for POLICY DECEIT.

Recently Pete Kampa made an issue of the fact the District was going to be legally prevented from pumping below the minimum pool at McClure and stated the ground wells saved us from this horrible situation.  What Kampa did not “come clean” about was the fact the Merced Irrigation District requested the SWRCB to temporarily allow the LDPCSD to pump below the minimum pool which the state allowed.  We could have still pumped water from the lake, but Kampa and his Board wanted to make it sound like IF NOT FOR THE GROUND WELLS customers would have completely run out of water because the district could not have pumped from the lake.  (True while waiting for the state decision the “What ifs” were scary.)

Typical half-truths and self-serving District propaganda to justify a secret plan to continue an expanded water empire with YOUR MONEY!   Considering how Kampa obtained the GM position to begin with, I do not believe for a nanosecond he has the integrity to tell the truth if it does not benefit him, his Kampa Community Solutions, llc water management company or his continued plan of wrongfully expanding district water service.  If this were the honorable and proper thing to do (expanding service with ground wells in this geology) it should have been brought up publicly and certainly explained to State and Federal grant issuing departments/agencies.

ONLY KAMPA “FOR PROFIT PERSPECTIVE” HEARD – OTHERS DENIED VOICE

You know, when the district went along with Kampa’s request to suspend public bidding on expensive planning and construction projects, something else was lost in addition to perhaps a cheaper and more logical way to proceed.  Barring other applicants for projects equated to customers (and perhaps other government agencies as well) only being presented with Kampa’s skewed and self-serving position on the drought’s actual affect on District water service to customers and how to proceed. It was completely his show because other professionals in the water industry, which may have had an entirely different perspective and approach to the problem solving, were precluded from involvement.

Apparently Pete Kampa’s method of operation (after the “fixed” one meeting interview/hiring) was something like, “Severe drought and environmental wildlife releases may leave LDPCSD without water to pump from Lake McClure.  I have the knowledge and experience to keep water flowing but it’s “my way or the highway”.   The board decided to “go with the Kampa flow”.

Remember how shortly after being appointed to the GM position Pete Kampa (with the Board’s blessing and approval) greatly increased the cost of his services due to the amount of time he was spending on emergency drought matters?  But isn’t that why he was appointed GM in the first place?  Pete Kampa said he was a professional and could do the job for “X” amount of dollars?  Like any good “con job”, once the deal was made and the “mark” (LDPCSD) already on the hook/committed to loss (in for a dime – in for a dollar)  –  he tweaked the profit margin even further to his advantage, but that’s just normal business with a public agency right?

Surreptitious interview/hiring, low-ball the estimated costs to get the job; make yourself indispensable and gather more management authority; restrict public information previously contained in agenda board packets; demand more payment; utilize only Kampa “trusted contacts” without public bidding, then restructure a public agency to provide a special benefit to third parties not entitled to water under the operating license with expensive ground wells traditionally iffy in this fractured rock geology.

Where I did hear this before?   LOL.

“They” want us to believe ONLY Pete Kampa (Kampa Community Solutions, llc); his essentially handpicked and majority appointed Board of Directors; numerous contracted FOR PROFIT companies; and millions of dollars in District, State and Federal grants COULD HAVE HELPED this poor disadvantaged NONPROFIT Public Agency water district get through this drought?

ABSOLUTE NONSENSE

Restless night…..WHAT IF DREAMS…….what if all these Resolutions Pete Kampa and his Board of Directors have orchestrated for this water service expansion plan actually detailed the facts ????  sooooo  sleeeeeepy………..

(Soft relaxing music fades-in with dream sequence imagery)

$$$ $$$ $$$

WHEREAS, The Lake Don Pedro Community Services District (LDPCSD) is a NONPROFIT Public Agency owning a surface water treatment plant operated under Water License 11395 and has been subject to the License restrictions on areas of permitted service since District formation,

WHEREAS, the primary permitted area of water service is the Lake Don Pedro residential subdivision and golf course,

WHEREAS, the Merced Irrigation District (MID) is the holder of Water License 11395 and responsible for adherence to license requirements, including actions of its sub licensed users such as the LDPCSD;

WHEREAS, the District has in the past, with complete disregard for clear license restrictions, did in fact divert and deliver Merced River Water to properties outside the permitted Place of Use under the license,

WHEREAS, the MID, holder of Water License 11395, in order to protect itself from liability from continued LDPCSD service expansion outside areas permitted in L11395 and possible license enforcement actions by the STATE WATER RESOURCES CONTROL BOARD, required the LDPCSD to construct the RANCHITO DRIVE ground water well,

WHEREAS, the RANCHITO DRIVE WELL was intended to provide an alternate source of water and remedy for the numerous illegal connections that were serving Merced River Water outside the Place of Use,

WHEREAS, this ground well was required to produce water equaling or exceeding the amount of Merced River Water diverted and delivered to prohibited properties under the license,

WHEREAS, in addition to the Ranchito Well alternate water supply, the LDPCSD was also required to abide by the MID Water Agreement which contained the MID Place of Use (MID POU) property requirements,

WHEREAS, the LDPCSD was also required to complete and submit a monthly compliance report to the MID which contained the total amounts of water pumped from both Lake McClure and the ground well, amounts delivered outside the MID POU including individual property consumption amounts,

WHEREAS, this MID POU is essentially the Lake Don Pedro subdivision serving approximately one half of the 3,128  properties, the remaining being availability water customers also specifically entitled to Merced River Water under License 11395 and a golf course,

WHEREAS, Pete Kampa and his FOR PROFIT water management business, Kampa Community Solutions, llc, is the appointed General Manager of the NONPROFIT LDPCSD,

WHEREAS, this appointment was accomplished by the LDPCSD Board of Directors which used a closed recruitment process for a public agency GM management position vacancy,

WHEREAS, that closed process was specifically designed to enable PETE KAMPA and KAMPA COMMUNITY SOLUTIONS LLC, a water management corporation, to be the only applicant possibly considered for the LDPCSD GM position,

WHEREAS, the Board of Directors prior to GM appointment (the same day as applicant’s contract was presented to board) deliberately failed to perform even a rudimentary employment background check which would have likely included information as to why PETE KAMPA had been recently fired from his position as GM with the Tuolumne Utilities District,

WHEREAS, had that background check, and validation of submitted materials submitted by Kampa, taken place prior to appointment, said research would have likely revealed prior LDPCSD employment history including performance evaluation difficulties and Kampa’s past involvement with District expansion beyond license requirements,

WHEREAS, the Board’s appointment plan was successful and PETE KAMPA was subsequently appointed to the unannounced opening for General Manager of the NON PROFIT Public Community Services District,

WHEREAS, GM Pete Kampa and company having been appointed by the LDPCSD Board of Directors, began a systematic program of Board approved resolutions granting KAMPA extraordinary powers in LDPCSD management (in addition to being Treasurer), including but not limited to, representative in legal matters, land acquisition negotiations, preparation of State and Federal Grant money applications, orchestrating and completing contracts with consultants, engineers, miscellaneous construction companies and corporations ALL WITHOUT A PUBLIC BIDDING PROCESS, which was also facilitated by a resolution,

WHEREAS, the monthly MID POU report routinely included in the board agenda packet was removed from public view by the GM to prevent further public knowledge of potential violations of the water license by diverting and delivering water to additional outside MID POU properties,

WHEREAS, the NONPROFIT LDPCSD’s surface water treatment plant function and operation is currently being reconfigured by FOR PROFIT companies and corporations, led by the appointed GM with continued support of the LDPCSD Board of Directors whose current board majority is composed of APPOINTED DIRECTORS rather than PUBLICLY ELECTED REPRESENTATIVES,

WHEREAS, this surreptitious reconfiguration is being accomplished during an unprecedented California State drought with state-wide mandatory water restrictions on consumption, with many struggling communities competing for necessary State and Federal emergency grant money,

WHEREAS, this  water plant reconfiguration is planned to supply treated potable water pumped from the NONPROFIT LDPCSD’s water plant after the Merced River Water from Lake McClure has been mixed with an equal amount of water pumped from newly developed and extremely expensive alternate source ground wells,

WHEREAS, these alternate source ground wells are being paid for with NONPROFIT  LDPCSD public agency funds in combination with substantial grant contributions by California State and United States Federal Department water authorities;

WHEREAS, one stated purpose of this grant money was to construct ground water wells for emergency water production and sustainability for the existing LDPCSD customers primarily within the Merced Irrigation District Place of Use (MID POU),

WHEREAS, GM and Board of Directors have scheduled a Special Meeting on Tuesday, February 16, 2016 at 1300hrs at the LDPCSD Board Room for director vote approval of this RECONFIGURATION OF THE LDPCSD Public Agency policy in serving water to  those not entitled under Water License 11395,

WHEREAS, this entire matter has been pursued by the GM and his Board of Directors without ANY, much less adequate, time for public comment, question, or suggestions concerning this monumental change in district policy;

NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, BE IT

RESOLVED: The Board of Directors will do what they want on Tuesday.

BE IT FURTHER RESOLVED: The GM and Board of Directors will continue to expect legal users to pay for this special interest benefit accomplished through nondisclosure of pertinent information and continued deceit.

$$$ $$$ $$$

(Dream sequence and music fades-out)

GOSH, guess I read too many resolutions last night before bed!  Phewww  Those spicy burritos, cream cheese stuffed Jalapenos and hot sauce sure didn’t help much either – what a nightmare!  lol

WHY RUSH THIS MONUMENTAL PUBLIC AGENCY POLICY CHANGE?

Why is it so important for the GM/Board to rush the vote on this resolution?  If approved, this policy will have major long term financial implications for the 99% of legal Merced River Water consumers who MUST financially support this NONPROFIT PUBLIC AGENCY. This is wrong on so many levels and much of the damage will not even become apparent for some time.  (Heck, it took nine years to discover how a current sitting director snagged a water meter from another ranch to build a cattle ranch with chlorinated water clearly intended for residential domestic use in the subdivision.)

Approval of the GMs resolution is a “BAD POLICY TIME BOMB”.  It clearly is a SPECIAL INTEREST benefit to those without water and the DISTRICT has absolutely NO LEGAL DUTY to supply this water yet the whole plan requires PUBLIC FUNDS AND RESOURCES NOW AND IN THE FUTURE.

Why quickly make such major changes to District Policy without adequate time for the existing customers to investigate, comment or ask questions about this proposed massive change in the function and operation of their public water agency?  What happened to transparency of government process?

The GM and his Board are attempting to unilaterally push this dramatic change through without any public notice or chance to be heard, yet all the while pushing for an extremely large rate/fee  increase to fund that which they have already secretly planned.

What is the rush since many of these properties have had “existing connections” for decades and have never been supplied water.  Some were major developments that failed.  Come on now, the District already has 772 acre feet of water a year approved for 2,010 acres by Mariposa LAFCo, Merced Irrigation District, and the State Water Resources Control Board, and that project hasn’t developed in two decades AND it was done legally within license requirements! And this board now wants to expand district water service further outside the license regulations using ground wells in fractured rock geology?  Good Heavens what vision for the future.

Many of these existing connections Mr. Kampa seems so worried about were quickly installed at various times in hopes their existence might one day be used as evidence of intended water service.   Perhaps Kampa when he worked here in the 1990s installed some of them himself since documents unequivocally show he was in favor of such expansion in the past.   I’m not sure how long Pete Kampa worked for the district back then, maybe he was the District employee who helped Director Emery Ross get his “magic meter” for cattle ranching, which even though clearly wrong has also never been addressed and/or corrected?  Rewarding bad behavior.

NO ASSUMPTION OF SERVICE AT ALL

No, not at all.  The existence of connections does not prove an “ASSUMPTION OF FUTURE WATER DELIVERIES” as PETE KAMPA claims.   Many of these properties have intentionally recorded incorrect information in district records for years, but that doesn’t entitle them to water.

REMEMBER the infamous POE CASE?   Three separate meters on ONE PROPERTY yet three SEPARATE APNs (Assessor Parcel Number) of different neighboring properties in LDPCSD official records to make the deal seem legitimate – but no one confirmed the information?

Talk about pure and simple fraud.   Remember also that Emery Ross gave Boardroom testimony about the facts of that case that were unequivocally challenged and proven incorrect by one of the original parties involved.  (Humm, also remember the total destruction of our Administration Office and loss of “some records”?  There’s that nagging coincidence thing again huh?  ONly “some” records?)

Nope, not at all cowpoke, just because a property owner and/or the LDPCSD installed connections and meter boxes on properties and expanded the district boundary outside the permitted water license under which we have operated for decades, it doesn’t give those properties a legal right to subsidized water service on the financial backs of 3,128 +/- legal customers in the subdivision.

Have pipe lines, connections, meter boxes, meters and such been installed on outside MID POU property since Pete Kampa was appointed GM while Resolution 2013-4 has been in effect?

When on the board I suggested some ideas on how to possibly serve further properties outside the legal Place of Use but they all involved those additional properties paying for that special benefit of water service (ie construction and maintenance of additional ground wells) themselves as a group with the District assisting in ways that it legally could.  The idea naturally met with little support.

Why?  Because these property owners who KAMPA AND HIS BOARD plan to furnish water just don’t want our water, they want it as cheap as those who have been paying decades for that benefit.

 

My best to you and yours, Lew

 

AFTER THOUGHT:

KAMPA is touting how the ground wells are COMPLETELY supporting the communities’ water demand, but as usual fails, to mention three relevant facts:

1. Traditionally very low water demand months, especially with recent rain,
2. We still could have pumped from McClure because the State approved such, and
3. Legally entitled water customers are on water restrictions (subdivision)

My preemptive answer to the presumed statement regarding #3:  “Outside MID POU properties are also on water restrictions” would be no, not all of them.  Some outside MID POU properties are not on water restrictions such as the fire department, sewage plant, and of course cattle ranches – how do you make a cow drink less and remain healthy?  (Fire suppression efforts and normal sewage disposal would also obviously suffer without adequate water.)

ANOTHER thought. (Yeah, yeah, yeah…I know….You think it’s irritating?  Every time I want to put this sucker to bed I proof read and POW!  Another thought…….)

“WHEREAS, the District continues to charge the properties within its boundaries and outside the Place of Use the normal and customary Standby Fee on a per parcel, per year basis which creates the assumption that the District will provide water service to those parcels when it becomes available;”

THERE IT IS!  It’s not just about “existing connections”, but also those properties that signed up for the “just in case availability fee”.   The statement is not factual either because some properties have paid ABSOLUTELY NOTHING to the district in the past and were included in the district’s expanded boundaries drawn outside MID POU never-the-less. They even got to vote in elections!  These are the very boundaries PETE KAMPA in 1997 (when resigning from his first employment with LDPCSD) encouraged the board to expand!  Is this why the board wanted only KAMPA as GM?

BLAH, BLAH, BLAH, BLAH, BLAH

YES indeed I write much about this expansion issue (among other stuff) because I think it is important so I make the time.  I have also used much of my time working very hard in order to conserve and use water wisely, as most of us have.   I (we as entitled water users) have paid for, and earned, the right to comment on our public agency performance and what certainly appears to violate the concept of “transparency of government”.

This is especially true when such activity will likely double what we are currently paying for water – if approved by voting customers. [THE ONLY TIME WHAT YOU SAY ACTUALLY COUNTS.]  I have learned much and will continue to improve my water management skills and of course pay my LDPCSD water bill like I always have.  I will also speak up about what I believe to be improper activities by public officials and their “appointees” whether it makes a difference or not.  BAD BEHAVIOR SHOULD NOT BE REWARDED.

Here are some photos of what the drought has meant to me personally.  I have hundreds and hundreds of photos and video clips documenting another aspect of my life during that time period (last photo) but it was pretty painful to share up until now.  Searching for some of these “drought photos”  and rummaging through those images “picked that emotional scab”, but if for no other reason than perhaps helping someone else in a similar situation, I believe it worth sharing soon.    Life is good. <gulp>

 

 

 

 

While serving on the LDPCSD a few years ago, I had the opportunity to attend a number of training classes sponsored by various water organizations.  I was sitting in a classroom once with maybe fifty or so other people waiting for the training session to begin when we noticed at the front of the room a projection of the word “TANSTAAFL” on the wall.

A training  instructor introduced the class and at one point looked over his shoulder at the illuminated word and said:   “TANSTAAFL – There Ain’t No Such Thing As A Free Lunch”.  There was a pretty good laugh and the class started with subsequent discussion involving available funding sources for expensive water related projects and equipment.

I think most of us realize what TANSTAAFL really means.  Free often really isn’t free.  There is always some kind of a price to be paid.  Perhaps the easiest analogy is the “FREE CONDO VACATION WEEKEND”.  You may not pay cash for the accommodations but you do pay dearly in precious time wasted attending required high pressure sales lectures and promotions.   Anyway, thought of TANSTAAFL while considering the GM/Board’s plan of designating our new ground well water production to further expansion of district services – beyond the water license limitations under which LDPCSD operates.

Let’s take a look at the GM/Board’s supporting data for rescinding Resolution 2013-4 next Tuesday.  Incidentally, the approval vote back in 2013 was unattended by current LDPCSD President Danny Johnson and voted against by outside MID POU ICON cattle rancher Director Emery Ross.

SIDE NOTE:  Sure doesn’t seem right in regards to “conflict of interest” theories how Director Emery Ross can even vote on anything outside MID POU related since he holds two of the 35-36 outside MID POU water meters; his ranch was specifically denied service prior to purchase; a water meter was “liberated” from another rancher’s inventory and although discovered nine years later and returned to rightful owner (credit to his account), Ross still retained water service to the ranch; and the ranch possesses a previously undocumented water line which traverses his pasture land and ultimately serves two other outside MID POU ranches.

BACK TO THE FEB 16^th BOARD VOTE TO RESCIND RESOLUTION 2013-4

Tuesday’s vote will only have two originally “elected by the voters” directors. (Ross and Johnson)  The majority of the board right now is made up of three appointees (at different times) whose selection was heavily influenced by Directors Ross and Johnson , and their appointed GM Pete Kampa of course.

DIFFERENCE WITHOUT DISTINCTION?

True an appointed director also takes a sworn Oath of Office, but that has more to do with their personal integrity and willingness to use their best efforts/abilities to correctly perform their public service duties, I’m specifically referring to the process of their selection.

The “closed recruitment process” used to appoint Pete Kampa GM (Kampa Community Solutions) is pretty clear but so is the process in selecting and appointing a replacement Director.   The current MAJORITY of the board did not have to respond to community questions or “make their case” with the voters.  They did not publicly take a stand on any major issues facing this district.  Evidently these applicants indicated to the selecting directors they had experience, education and skills that could be of assistance in helping the District serve its customers now and in the future.

But why would a majority of the Board intentionally choose an applicant who had a different perspective regarding the proper functioning of this District?  Naturally they would select and appoint an applicant with complimentary views.  Did these views happen to include discussion as to their thoughts on district expansion beyond water license restrictions  using ground wells?  Were these directors appointed as “ringers” for the next vote to rescind Resolution 2013-4 after it failed in June of 2015?

LET’S TAKE A LOOK AT THE GM/BOARD SUPPORTING DATA TO RESCIND RESOLUTION 2013-4

WHEREAS, the District provides water service to parcels within its boundaries, most of which are located within the geographic boundary described as the Place of Use (referred to herein as Place of Use) designated for consumptive use of water from Lake McClure under Merced Irrigation District’s (MID) various permits and entitlements; and

TRUE. Somewhere in the neighborhood of 3,128 properties in the subdivision, just under half water consumers of the district, the rest are absentee property owners who pay an availability fee for future water use as they are entitled to Merced River Water under License 11395.    According to the district there are “approximately 36” current Outside MID POU properties consuming water.  Unknown how many there are that are not consuming water, but many for sure.

WHEREAS, a number of the existing active and inactive connections to the District water system are located outside the Lake McClure Place of Use, and are therefore provided water from sources other than Lake McClure as required; and

MISLEADING: Active water connections are one thing (like the cattle ranching director, the elementary school, the fire station, the sewer plant, etc.) but “inactive connections” is a RED HERRING TERM meant to deceive the public because many connections were made in anticipation of someday receiving water but have not paid a red cent to the district and have never used water.  Inactive properties are not being served water and the only alternate source is ground well water.

WHEREAS, the District in 1992 constructed a groundwater well for the purpose of providing an alternate water supply to the properties located outside the Place of Use, and this well has been providing water continuously since that time; and

TRUE and FALSE:  True the Ranchito Drive ground well has been used since 1992 to provide water to outside MID POU properties but that wasn’t planned, the well was constructed as a quick remedy for all the “illegal connections”.  The well on many occasions has failed to produce water continuously to meet the compliance requirement of replacing the exact amount of water diverted and delivered to properties not entitled to Merced River water.  The monthly outside MID POU report, required by and submitted to MID for over twenty years, that was contained in public board packets often evidenced the well was not compliant with MID rules.  That report ceased being part of the board packet shortly after Pete Kampa was appointed GM.

WHEREAS, the District conducted production testing on the 1992 well and it was determined in 2013 that the well was serving the maximum number of outside Place of Use customers possible; and WHEREAS, the District previously adopted Resolution 2013-4 which prohibited the District from providing water service to additional new connections on properties located outside the Place of Use, when it was determined that the one existing groundwater well operated by the District lacked water production capacity to serve additional connections; and

TRUE:  The district had been subjected to a coordinated barrage of requests for further outside MID POU water deliveries and often cited the Ranchito Drive well as a  sufficient alternate water source for more connections.  I was on the board at the time and disagreed explaining the Ranchito Drive well was required as a quick remedy for illegal connections not as a standard method of operation and there was no reason to assume the well could handle additional connections anyway and suggested a well test.  The complicated test revealed that Ranchito was producing less than it should for the already existing outside MID POU properties.  Those wanting what the subdivision had – water – have always demanded more ground wells be constructed despite the cost and “remedy to existing violations” status.

WHEREAS, the District continues to charge the properties within its boundaries and outside the Place of Use the normal and customary Standby Fee on a per parcel, per year basis which creates the assumption that the District will provide water service to those parcels when it becomes available; and

TRUE BUT INTENTIONALLY MISLEADING: First notice the use of “standby” rather than “availability”.  Yes of course the district charges properties in the subdivision the customary standby fee for future water service because they are entitled to Merced River water SUBDIVISION OWNERS CAN ASSUME WATER WILL BE PROVIDED (if this GM/Board does not continue to mismanage and sell it to those not entitled).

The district also charges the standby to a small number of properties outside the MID POU because they wanted water and agreed to pay for that CHANCE in the future. There’s the BIG DIFFERENCE –  subdivision properties MUST PAY availability/standby fees but outside the subdivision property owners were frantically trying to get that which they WERE NOT ENTITLED UNDER THE WATER LICENSE but agreed to pay availability just in case someday they could.  Rather like paying the water lottery.  A few dollars a year was nothing compared to the value of POSSIBLY receiving water in the future.

FALSE: There was NO ASSUMPTION THAT THE DISTRICT WOULD PROVIDE but there was desperate hope.  There was hope because they had already been denied. People purchasing land outside the subdivision knew water was going to be a BIG ISSUE.  Ground water wells in this fractured rock geology are expensive and private property owners (outside the subdivision) did not want to pay the costs involved for construction, development, maintenance, repair and replacement.  If the project were larger, say a subdivision other state requirements kick in to distribute water: proper testing and reporting to the State Health Department, regulations, restrictions, permits, chemicals…..blah,blah,blah  $$$$!!

Paying availability fees creates no ASSUMPTION if the property were outside the POU.  It’s sort of like a Water Lottery plain and simple. Here’s an experiment – take all your losing outdated lottery tickets, drive to Sacramento and demand to be paid a lottery jackpot and produce your shoe box full of old lottery tickets as evidence there was an assumption you were going to win.  (Not a perfect example, but a gamble never the less, because properties outside the POU had no expectation of service other than SEVERE WANT.)

The GMs/BOARD’s logic is fallacious.  The District CREATED NO ASSUMPTION, it was those wanting another’s water who took the GAMBLE to obtain future water. I suggested years ago the proper course of action would be to repay those property owners the money with reasonable interest and close the festering matter on every outside POU property possible.   These outside MID POU property owners want water that has been legally reserved for properties in the subdivision but “outsiders” didn’t want the Property Owners’ Association telling them what to do.  They didn’t want CC&Rs and Boards, and committees, yearly assessments, violation committees, blah, blah, blah.  They purchased other land near the subdivision and planned ways of taking water that clearly was not theirs.

WHEREAS, the District has undertaken an emergency groundwater well project to provide an alternate water supply in the event of continued drought and the loss of surface water in Lake McClure; and

TRUE: But you left something out that’s pretty important didn’t you Mr. KAMPA?  This emergency ground well water project has ALWAYS been represented as a safeguard for existing water consuming customers of the district, including current EXISTING outside MID POU properties, but NEVER to further expand outside MID POU property service.

WHEREAS, the groundwater wells have been tested to produce adequate water supply to serve the water needs of the current number of future system connections located within the District boundaries, and outside the Place of Use.

WHOA THERE!  What are you trying to spin here? “Wells have been tested to produce adequate water supply?” That does not even make sense grammatically.

You can’t test to produce adequate water!  You test to see “results”.  Results will either confirm or deny that a well will produce adequate water.  Our District Engineers reported the ground wells DID NOT produce enough water for our peak demand times yet you now dispute this in a recital for a  resolution approving even more outside POU connections?  Someone is misrepresenting the truth here.

In addition to this glaring contradiction, you know it is entirely too early to predict the sustainable production of these  new ground wells in this fractured rock geology much less being able to predict what future demands will be for all the properties not entitled to water under the water license.

MARCH 2nd 2016 UPDATE:  Evidently PETE KAMPA doesn’t recall his past experience here at the LDPCSD regarding the production of the Ranchito Drive well, or he is again being deliberately untruthful.  Even the Ranchito Well was calculated to produce more but READ what KAMPA WROTE IN October of 1997: PRODUCTION DROPPED DRAMATICALLY

WHO KNOWS IF THERE WILL BE ADEQUATE WATER but at least there is a finite number of connections in the subdivision were water service is without question legal.  There are a KNOWN exact number of subdivision lots without water service but they have, and are, paying availability fees since owning the property.  Heck, the District doesn’t even know how many outside MID POU accounts they actually have now, much less what they MIGHT HAVE in the future!  Not so lol.

All property outside the entitled subdivision is technically not entitled to that water – and how many of those exist?  How many want water in this drought prone area?

NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, BE IT

RESOLVED by the Board of Directors of the Lake Don Pedro Community Services District, that the District hereby rescinds Resolution 2013-4 attached hereto and contained herein.

WHEREFORE, this Resolution is passed and adopted by the Board of Directors of the Lake Don Pedro Community Services District on February 16, 2016, by the following vote:

$$$ $$$ $$$

Yes, you had better carefully consider the foregoing because it is a major step in what appears to be one of the most LUDICROUS POLICIES a public water district could come up with during an unprecedented emergency drought – supplying ground well water to those not entitled, in a traditionally drought prone area to  boot.

Wow.  Such vision.

NOT A SIMPLE RESIDENCE OR TWO EITHER

Some of these “new connections” are not going to be a simple pipe connection and water meter to a family residence but complex multi-family subdivisions and businesses. Perhaps even more water guzzling agricultural endeavors like cattle or horse ranching?  Some of these properties Mr. Kampa is so concerned about are nothing more than pure land speculation ventures by companies and corporations.

The old “foot in the door” is now attempting to “kick the door wide open”.    Claiming there is an adequate water supply for future demand is a bold and self serving prediction by individuals who refuse to simply obey and enforce their own business regulations.

Especially now, during this emergency drought, the District should focus on what it is legally REQUIRED TO DO – provide water to those entitled to it under Water License 11395.

THE GM and BOARD OF DIRECTORS are attempting to pass a BLANK CHECK Resolution for all outside MID POU properties wanting water and the existing customers (suffering with water restrictions already) are expected to cover this massive check amount.  Think about that, the GM/Board doesn’t even disclose how many of these properties will be provided water produced from the new wells.  A pretty important number considering all this “adequate water” for future nonsense.

TANSTAAFL my friends.

 

My best to you and yours, Lew

 

Can you imagine the enormous amount of money this subsidized water program will create (if approved Tuesday) for other owners of outside POU properties due to the increased property values?   Heck it created a whole cattle ranching business for one sitting director. Yippie yi aye!

STATE/FED GRANT FUNDS USED TO “LAUNDER” DIRTY WATER THROUGH WATER LICENSE 11395 SURFACE WATER TREATMENT PLANT?

These new ground wells remind me of an old mob movie where vast sums of illegal and unreported cash from vice crimes such as gambling, prostitution, and drugs, had to be “cleaned or laundered” through other legitimate businesses so as to be used without suspicion of government regulating authorities.  Now take a look at this post title and compare.

MISREPRESENTATION OF A MATERIAL FACT? (True intended use for these ground water wells)

STATE/FEDERAL FUNDS were granted based on the representation that these ground wells would be used to sustain an emergency water supply for existing customers in a disadvantaged community entitled to Merced River water under L11395 yet had no alternative source of water. (Previous post established this was incorrect information in the California Environmental Agency, State Water Resources Control Board/Water Rights ORDER because the LDPCSD has used “ground water substitution for surface water transfers” to remedy violations of that license for almost 24 years!.)

PUBLIC MISREPRESENTATIONS TO CUSTOMERS and STATE/FED GRANTING AUTHORITIES?

This assurance (well water for existing customers) has been repeated many times….in Board packet materials and news reports regarding this disastrous drought:   GROUND WELL WATER PRODUCTION WAS SPECIFICALLY INTENDED FOR EXISTING CUSTOMERS TO PREVENT LOSS OF WATER SERVICE AS LAKE McCLURE SLOWLY DRAINED DUE TO DROUGHT AND ENVIRONMENTAL WILDLIFE RELEASES.

HAS BOARD APPOINTED AND SUPPORTED LDPCSD GM PETER KAMPA ORCHESTRATED A SURREPTITIOUS MISAPPROPRIATION WITH HIS VAST WATER KNOWLEDGE AND WATER INDUSTRY CONTACTS?

GM Pete Kampa was provided extraordinary powers* by the LDPCSD Board of Directors to quickly secure these EMERGENCY GROUND WELLS FOR EXISTING CUSTOMERS yet now, after the wells have been tested and are on line, a SPECIAL MEETING has been called for Tuesday, February 16, 2016 for a Board vote.

* Including but not limited to, suspending any public bidding process on extremely expensive construction projects, planning, consultants etc.,  apparent retro-active approval for activities performed without board approval, the GM is also Treasurer and appointed representative for real estate transactions, and grant funding,  and blah, blah, blah.  Interesting because it wasn’t that long ago “the community” was outraged with a prior board that was accused of “lack of supervision over the GM”  which resulted in a civil lawsuit for wrongful termination that is still dragging on from many, many years ago.

ONE MORE TIME LEW….

Property cannot use Merced River Water under License 11395, ground wells were advised as necessary for existing customer use in emergency drought, grant money secured for ground wells for existing customer use in emergency drought, ground wells constructed and developed with public funds, and now GM and Board want to re-designate their use to  properties unable to secure water under License to mix “well water” with “Merced River Water” which MAGICALLY CREATES AN “ALTERNATE/ALTERNATIVE SOURCE OF WATER for those without legal entitlement to MERCED RIVER WATER.

“Laundering dirty water” to circumvent License 11395 prohibitions!  (Actually the term “dirty water” if factually correct in the analogy because ground water does contain elements damaging to sensitive equipment in our surface water treatment plant- and even Peter Kampa as acknowledged this fact in the past.)

MAJOR SPECIAL MEETING ISSUE?

Whether to RE-DESIGNATE THIS NEW GROUND WATER PRODUCTION TO PROPERTIES OUTSIDE LICENSE PERMITTED AREAS.

CUSTOMERS NEVER ADVISED PUBLIC FUNDS WOULD BE USED TO EXPAND PROHIBITED SERVICE UNDER WATER LICENSE

NEVER, from what I have read in the reams and reams of district information, has this obviously special interest (use of new ground wells to expand outside POU service) program of the GM/Board been noticed to the bill paying customers since Kampa became GM.   Typical bait and switch method of operation.  Say one thing, do another.  Despicable conduct.

MILLIONS OF DOLLARS IN PUBIC FUNDS to be granted for one purpose (protecting customer water  service with new ground wells) which may on Tuesday, suddenly be transformed into the typical LDPCSD betrayal of existing customers by serving properties OUTSIDE THE LEGAL SERVICE AREA AND THEREFORE, THE REASON BEHIND WHY THEY ARE CURRENTLY WITHOUT WATER!

WHY ACT SO HASTILY WITHOUT ADEQUATE PUBLIC OPPORTUNITY FOR RESEARCH AND COMMENT?

“Golly gosh!” there’s that coincidence factor again.  Special Meeting notice posted after 1400hrs yesterday which was, Thursday; today Friday is a court holiday, then Saturday- Sunday, Monday is also a court holiday, and then Tuesday’s BIG VOTE MEETING.   Hummmm, Can anyone say “Quick!  Before a legitimate regulating authority figures out what we’ve done and are doing with  PUBLIC FUNDS!”

WHY NOT TAKE A DEEP BREATH AND STUDY THE MATTER PUBLICLY –
PETE KAMPA KNOWS WHAT “TRANSPARENCY OF GOVERNMENT PROCESS”  MEANS

HECK HE HAS TAUGHT WATER CLASSES

Logically, it appears that any potential injury to the District in delaying this vote until the community understands this sudden and misdirected change of policy, and/or authorities have an opportunity in investigate, is quite minimal if not entirely absent, whereas, if the board rescinds Resolution 2013-4 and begins installing new water service connections (with groundwater) serious future difficulties will occur if such Board action is ultimately found to be, not only a radical departure from what was clearly and repeatedly represented to the public, but also illegal. This would complicate things even more.

GM Pete Kampa,  his Kampa Community Solutions, llc, and long time associates and consultants are making very good money either way, but the Board of Directors representing this district should be ashamed of their customer betrayal.  If they continue this facade of public service by rescinding Resolution 2013-4 they should be held accountable.

Here’s an interesting quote from one of Kampa’s consultants:

“While these groundwater wells will provide water supply temporarily, wells in this area are unreliable as a permanent solution due to the fractured rock formations present.  These groundwater wells will be kept and used on an emergency basis once a permanent water supply solution is developed and constructed.”

KENNEDY/JENKS CONSULTANTS

Tim Williams, PE Mike Vasquez, PE, PLS

Principal Project Manager

Heck even PETE KAMPA’s long acquainted consultant (hired to assist Kampa in applying for Federal and State grants to construct the ground wells) acknowledges in its proposed contract of service that the wells are temporary solutions only.  So why would the Board of Directors abolish the restriction on serving further outside MID POU properties and jump into this illogical policy?

Only a SPECIAL INTEREST GM & Board of Directors would use admitted

“TEMPORARY SOLUTIONS”

for

“DECADES OLD PROBLEMS”

 

Hey, if they do rescind Resolution 2013-4 on Tuesday the above is an accurate and catchy motto for PETE  KAMPA, his Kampa Community Solutions business,  and his current “BOARD OF DEFECTORS”, heck, maybe a screen play-

KAMPA COMMUNITY SOLUTIONS LLC

and

THE LAKE DON PEDRO COMMUNITY SERVICES DISTRICT

BOARD OF DIRECTORS

proudly present

TEMPORARY SOLUTIONS

FOR DECADES OLD PROBLEMS

with

MILLIONS OF YOUR

PUBLIC DOLLARS!

LOL

(not so actually, because 99% of legal customers are paying for this absolute nonsense.)

DO NOT FORGET!

Remember the poem from the June 13, 2015 post?

Liar liars your pants are on fire
How will you extinguish the flames?
Emergency ground water was just the bait
A distracted community will bare the blame.

VOTE NO ON ANY RATE INCREASE

DO NOT REWARD SUCH DUPLICITOUS BEHAVIOR!)

 

Disingenuous and quite disappointing coming from

“Oath of Office” sworn DIRECTORS ON THE BOARD

See what I mean?  Not hate …………simply pure distrust based on their own activities.

 

My best to you and yours, Lew