A good Thursday
morning early afternoon to you all. This subject likely requires far more blah, blah, blah but I must attend to work outside — time is ticking down…..can you feel the weather change? I can and will likely be singing the same old song very soon…..
Every year I get caught
For what I know is coming
As the hint is in the air
I would like to make some quick comments (LOLOLOLOLOLOL!) on the below information I read in the Mariposa Gazette this morning but need to first make a couple of points clear:
1) I have not read the complete proposed ordinance that is stated to be on display in Mariposa,
2) I am not an attorney nor am I trained in such land development planning matters, and
3) the proposed ordinance may be legally necessary for any effort to proceed regarding serious error correction in past development project approvals.
Please read the following, what do you think about this proposed ordinance? Am I understanding a “blanket immunity” sort of thing correctly?
(Could not copy and paste the proposed ordinance so I retyped the notice for this posting – I believe it is error free.)
Page B8: MARIPOSA GAZETTE, Thursday, August 16, 2018 (Contained in the August 24, 2018 edition)
MARIPOSA COUNTY BOARD OF SUPERVISORS
SUMMARY OF PROPOSED ORDINANCE ADDING CHAPTER 18.06 (INDEMNIFICATION AGREEMENTS) TO TITLE 18, MISCELLANEOUS LAND REGULATIONS, Mariposa county code
Notice is hereby given that on Tuesday, August 28, 2018 at 9:00 a.m. or as soon thereafter as possible, at its regularly scheduled meeting, the Mariposa County Board of Supervisors will introduce and consider adoption of an ordinance adding Chapter 18.06 to Title 18 of the Mariposa County Code as follows:
The chapter codifies the requirement that applicants for private development projects in Mariposa County defend, indemnify, and hold harmless Mariposa County and its agents, officers, and employees from and against any and all claims, actions, or proceedings against Mariposa County or its agents, officers or employees to attack, set aside, void, or annul the Project or any prior or subsequent development approvals regarding the Project or Project condition imposed by the County or any of its agencies, departments, commissions, agents officers or employees concerning the said Project, or to impose personal liability against such agents, officers or employees resulting from their involvement in the Project, including any claim for private attorney fees claimed by or awarded to any party from the County.
A certified copy of the full text of this ordinance is posted for public review in the Office of the Clerk of the Board of Supervisors at 5100 Bullion Street, Mariposa California
Clerk of the Board 8/16/2018:1 (cut off)
Do I understand this proposed ordinance correctly?
Is it designed to prevent any legal action against the County and its employees for subsequent modifications or annulments to previously approved development projects?
No liability even if attorney fees granted by a court?
(Many other questions…but you know…….)
IDEALLY INTENT SHOULD BE THE DECIDING VARIABLE
OK, makes sense if projects were inappropriately approved for development with some sort of accidental noncompliance with other existing regulations or laws, but what about the actual intent displayed, and/or documented by the individual or entity during the process? In other words, no doubt mistakes and accidents will happen all the time (we are human, yeah?), but WHAT IF (emphasis on WHAT IF) evidence exists that the land development project approval was made with obvious and complete disregard for known established regulations or procedures – on either side? You know, the exact opposite of “accidental” as in AN INTENTIONAL ACT TO VIOLATE EXISTING LAW. Should there ever be any form of “blanket immunity” for willful wrongful activities by government entities/officials (IF such exist) that result in harm or injury to innocent citizens? That doesn’t seem fair.
[Is ignorance of the law an excuse for the rest of us? — Recall Steve Martin’s comic routine? “Well, excuuuuuuusssse…..meeeeeeeee – did not realize murder was illegal.”]
PUBLIC DOES NOT EVEN KNOW THE FACTS YET (14 YEARS OF LAFCo RECORDS NOT POSTED)
Is this proposed “NO COUNTY LIABILITY ORDINANCE” a bit premature considering the apparent concealment of relevant information from public review by Mariposa County departments? How can such a plan for apparent immunity be granted to protect the County of Mariposa when relevant PUBLIC INFORMATION regarding LAFCO ANNEXATIONS and their corresponding approved land development projects (as in the Lake Don Pedro area for instance) have been withheld from public review and understanding? (ie, Not posted on the LAFCo website along with continuing refusal to respond to written requests for this Public Information regarding highly suspicious annexations into the Lake Don Pedro CSD area service boundary.)
A LAKE DON PEDRO CSD/LAFCO ANNEXATION APPROVAL scam spanning decades as MR WECs of the Lake Don Pedro subdivision are simultaneously saddled with the escalating costs for a GROUNDWATER SUBSTITUTION PROGRAM for LAFCO annexed properties?
A knowingly incorrect fabricated digital POU map created by PETE KAMPA and his “Yes Board” presented to the SWRCB in defense of alleged POU violations reported in their September 2017 Notice of Violation?
(A FAKE POU MAP CREATED AS A DEFENSE TO KNOWN EXISTING POU VIOLATIONS?
Only in LAKE DON PEDRO!)
Apparent “KAMPA OPERATIVES” within the SWRCB who attempted a speedy and premature closure to an otherwise EXCELLENT INITIAL INVESTIGATION by the SWRCB?
Whoops! There I go again…..getting carried away with this KRAPA again…..going outside. Later.
My best to you and yours, Lew