HomeMy WebLinkAboutMINUTES - 10251988 - T.3 T. 3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 25 , 1988 by the following vote:
AYES: Supervisors Powers , Fanden, McPeak, Torlakson and Schroder
NOES: None
ABSENT: None
ABSTAIN: None
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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 the proposed
construction on Donald Drive, Orinda.
The Board on October 11, 1988 heard testimony from the
applicant and two of his expert witnesses, as well as Chief Ed Lucas
of the Moraga Fire Protection District, relating to the administrative
appeal of Chul M. Kim from the decision of the Fire Chief and the
Board of Commissioners of the Moraga Fire Protection District relating
to the requirement that a standpipe system be installed rather than a
fire hydrant system to provide water service for fire protection
purposes on Mr. Kims ' s property on Donald Drive in the Orinda area,
and after hearing testimony from Chief Lucas, requested an opinion
from County Counsel at this date and time as to the timeliness of the
appeal.
County Counsel submitted a memorandum dated October 19, 1988
advising that it was his opinion that the subject of the appeal may be
reviewed and acted on by the Board pursuant to the authority it
retained unto itself by Resolution No. 80/216 to "act on any matter
within the general powers delegated to the Commissions, and thereby
bind the affected Commission and the District. "
Board members discussed the matter and determined to hear
the appeal. The Chair then invited Mr. Kim to present further
comments at this time.
Mr. Kim advised that in support of his appeal he had
obtained three persons who would like to speak to the Board on this
matter. Mr. Kim then introduced the following:
.Mr. William Ortland, P. O. Box 181, Moraga, who advised that
he was a firefighter who had retired from the Moraga Fire Protection
District on disability. He discussed the grade of the hill as it
relates to fire trucks carrying water up the hill. He expressed the
opinion that a standpipe system would duplicate the fire hydrant
system.
Mr. Tom Gardner, P. O. Box 427, Orinda, who introduced
himself as a local businessman. He submitted a packet for Board
members showing a foam system homeowners can use to reduce danger from
house-to-house fires. He stated that he is going to sell a foam
system to Mr. Kim, and that he believes that the fire protection
system Mr. Kim proposes should give enough water for any contingency.
Mr. James Stanford, Novato, Ca. , addressed the construction
aspect and the cost aspect. He located on the map for the Board
members ' information the property in question and the water reservoir
and water lines
Mr. Kim summarized the testimony of his witnesses and
advised the Board that he was interested in the most reliable system
possible because he plans to live with his family in this development.
He enumerated what he believed to be serious defects in the standpipe
system.
Chief Lucas responded to questions by Board members with
respect to source of water, water pressure, automatic sprinkler
systems, and the lack of water pressure available to the site, both
for sprinkler systems and for firefighting purposes and the reason for
the recommendation for the standpipe system to increase the pressure.
Mr. Kim presented his rebuttal to the statements and
arguments presented by Chief Lucas, and again reviewed his proposal.
The public hearing was closed and Supervisor Fanden reviewed
the process since the time that the matter was first brought to her
attention, and advised although she had a lot of sympathy for Mr. Kim,
that on the basis of all of the testimony and the fact that a system
can be installed that will satisfy the experts, the Fire Chief and the
Fire Commissioners, she would have to recommend denial of the appeal,
suggesting denial without prejudice.
IT IS BY THE BOARD ORDERED that the appeal of Chul M. Kim
from the 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 the proposed
construction on Donald Drive in the Orinda area is DENIED WITHOUT
PREJUDICE.
Supervisor Schroder urged Mr. Kim to work with the Fire
Chief and the Fire Commissioners.
As recommended by Supervisor Torlakson, IT IS FURTHER
ORDERED that the information on the foam firefighting agent presented
by Mr. Tom Gardner of the Brushfire Hydrant Company of Walnut Creek is
REFERRED to the Contra Costa County Fire Chiefs ' Association for
analysis.
•I hereby certify that this is a true and c0ftedt copy of
an action taken and entered on the minutes of the
Board of Supervisors on thhe date shown. c
ATTESTED: (Jc J— I.5 � 4w___ ...,._....
PHIL BATCHELOR,Clark of the Board
of Supervisors and County Administrator
By 9 ,Deputy
Cc: Chu1 M. Kim
132 Tharp Drive
Moraga, CA 94556
Chief Ed Lucas
Moraga Fire Protection District
1280 Moraga Way
Moraga, CA 94556
Tom Gardner
Brushfire Hydrant Company
1818 Mt. Diablo Boulevard
Walnut Creek 94596
County Counsel
Community Development
Building Inspection