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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 11 , 1988 by the following vote:
AYES: Supervisors Powers, Fanden, McPeak, Torlakson and Schroder
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Appeal of Chul M. Kim from decision of the Fire Chief
and the Board of Commissioners of the Moraga Fire Protection
District relating to the fire protection requirements of the
Moraga Fire Protection District for proposed construction on
Donald Drive, in the Orinda area.
This being the time set for hearing on the Administrative
Appeal of Chul M. Kim from decision of the Fire Chief and the Board of
Commissioners of the Moraga Fire Protection District relating to the
fire protection requirements of the Moraga Fire Protection District
for proposed construction on Donald Drive, in the Orinda area; and
. Mr. Kim appeared and advised the Board that he was appealing
the decision to require him to install a standpipe system rather than
fire hydrants connected directly to the East Bay Municipal Utility
District' s existing 8-inch water main as one of the conditions of
approval for construction on Donald Drive in Orinda.
Ed Lucas, Chief of the Moraga Fire Protection District,
appeared and commented that the appeal is on the same issue as an
appeal heard eight years ago, and that the previous owner had agreed
to the conditions of approval, and that Mr. Kim, . after buying the
property with these conditions, now wants to appeal it again. He
suggested that the Board not hear the appeal because the matter had
already been the subject of a hearing.
Countv Counsel suggested that the Board hear the appellant
today, have the Chief provide the Board and staff with the information
relating to the previous appeal and any other information he has on
the conditions of approval of the property, and then put the matter
over for a few weeks, at which time County Counsel will provide a
report advising whether it is appropriate for the Board to make a
decision on the substance of the appeal.
Mr. Kim stated that he did not know until this very moment
that the previous owner had filed an appeal eight years ago, however,
he felt as a new property owner and because of the change in
circumstances, he believed he had a right to appeal as a new property
owner.
Chairman Schroder urged Mr. Kim to present his appeal at
this time.
Mr. Kim explained that he had purchased property on Donald
Drive in Orinda on the top of the hill near the water reservoir. He
advised that the issue being appealed is the condition of approval
requested by the Moraga Fire Department requiring a standpipe system
to increase water pressure. Mr. Kim stated that there is an 8-inch
water main in front of these lots connecting with the East Bay
Municipal Utility District' s Mulholland Reservoir, that there is
adequate water, that the only problem is the lack of pressure. He
further stated that the Fire Department requires a standpipe system
which the previous owner did not install. He explained the function
of the standpipe system and he stated he felt it was a superfluous
requirement. He advised that he had secured two experts in the field
to review the case and present testimony to this Board.
Timothy Callahan, President of Fire Protection Consultants
Incorporated, 2251 Colonial Court, Walnut Creek, CA 94598 , appeared
and reviewed the application, and expressed his opinion with respect
to the proposed use of a standpipe system versus fire hydrants
connected to the existing 8-inch main.
Robert G. Purington, P.E. , of Risk Technical Services, P. O.
Box 4445 , Mountain View, California 94040 , Retired Fire Chief,
Lawrence Livermore Laboratory, Fire Protection Engineer and
Consultant, discussed the application in some detail.
Mr. Kim presented schematic drawings of a standpipe
application in another area of Moraga, and discussed the differences
in applications. He advised that the East Bay Municipal Utility
District had agreed to install fire hydrants on the water main.
Chief Lucas responded to the various statements made by Mr.
Kim and his professional consultants and described the purpose of the
standpipe system required as a condition of approval by the Moraga
Fire Protection District.
Chief Lucas advised that in his opinion, Mr. Kim did get a
fair hearing before the Moraga Fire Commission, that each Commissioner
went up to look at the site on their own before the hearing, and that
the Commission spent the better part of an hour with Mr. Kim. He
commented that there is wild vegetation, greasewood, etc on the top of
Donald Drive, one of the highest ridges in the area, and there is a
fire hazard. He advised that he and the Commission are looking at all
alternatives in order to allow Mr. Kim to build.
Chairman Schroder commented that the recommendation from
County Council is to defer any action or decision on this item pending
his review of the record.
IT IS BY THE BOARD ORDERED that the matter is REFERRED to
County Counsel for review and recommendation to the Board on October
25 , 1988 at 11: 00 a.m.
I hereby certify that this is a true and correct copy of
an.action taken and entered cn the minutes of the
Board of Supervisors othe•date /shown.
ATTESTED: T/ clerk of the BOoard
PHIL BATCHELOR, .
of supervisors and Cour+tty Administrator
Deputy
By
cc: Mr. Chul M. Kim
32 Tharp Drive
Moraga, CA 94556
Chief Ed Lucas
Moraga Fire Protection District
1280 Moraga Way
Moraga, CA 94556
County Counsel
Community Development
Building Inspection