Failure to Enforce Needed Fire Supression Capacity

By Ed Mitchell

Failure to Enforce News Conference 10 Nov 2009

Imagine that you discover the County Planning Department knew of the missing fire protection tanks and allowed the subdivision to be occupied, trading off the protection of families for the financial benefit of a subdivider.

Imagine that when the County Board of Supervisors is fully informed of the public safety problem that they allow years to pass without holding the subdivider accountable. In fact, they do just the opposite, leaving your loved ones at higher risk -- fire season after fire season.

Well that is the case facing 400 families in the Pesante and Berta Canyon area of Prunedale.

See Video

Failure to enforce reported:

I am Ed Mitchell a resident of Prunedale, standing with homeowner association representatives and other residents that live in the Pesante and Berta Canyon area who are concerned about missing fire suppression water tanks in our community. Last week I informed the State Attorney General's Office and the Office of the State Fire Marshall that the Monterey County Board of Supervisors has failed to enforce mandatory, fire protection state laws.

On behalf of the 400 families at risk I asked the Attorney General's office to help:

1. Enforce state laws.

2. Hold any public and/or civilians accountable for laws and/or ordinances that have been violated.

3. Require the subdivider to build, or pay for building, the required water storage for fire suppression.

I delivered a hard copy and digital petition to the state -- only after exhausting all administrative remedies at the county level. Mr. Ken Alex, the Senior Assistant Attorney General for Environmental Law, graciously discussed with me the documented claims in the petition.

It is a black & white case:

Public records, assembled by me, along with physical evidence reveal there is a long-standing public safety danger in our area. Today I am providing to the media a copy of the petition letter and some of the exhibits to substantiate the following facts:

1. Water system modeling paid for by and performed for the subdivider reveal that five lots within the Grey Eagle subdivision could not be adequately protected without 100,000 gallons of capacity.

2. The 100,000 gallons of required fire suppression water capacity was never built or put into operation in the upper left corner of Grey Eagle subdivision in accordance with design plans approved by the North County Fire Protection District. Because the storage capacity was never provided, not only are those lots at unacceptable risk but all the residences in the Grey Eagle subdivision are at risk. Plus, the under-pressurization also places residences in the Terra Linda subdivision at risk, because it is part of the water system and was to be supplied water by tanks on the Grey Eagle property. Bottom Line: 45 % of the required fire suppression capacity is missing in the water district.

3. A false and misleading claim of completion was knowingly submitted to the County for return of the developer's faithful performance bond. The subdivision civil engineer made that submittal.

4. The developer allowed the subdivision to be occupied knowing that the required water tanks were not built and operating.

5. Public records compiled by me have been shared with and substantiated by several agencies within the County. For example the North County Fire Protection District, after review of the evidence issued a fire code violation letter to the County in September 2007.

6. Since 1999 senior personnel within the County Planning Department and the Board of Supervisors have demonstrated a pattern and practice of not enforcing mandatory state fire and safety codes. This pattern includes:

a. Since 1999 the Planning Department has not required the subdivider to provide the required water capacity.

b. Since September 2007 County Supervisors, have not agendizing the missing tank issue despite the danger to the public, despite receipt of the fire code violation, despite being informed by me in March 2008 of the missing tanks and false submittal, despite the public repeatedly requesting the Board provide a status report of what action the county has, is, or will take.

c. The county has the power to take the subdivider in front of an impartial administrative law judge or into Superior Court -- but has not.

Where do we go from here? Complicating impartial resolution of this safety issue is the fact that one Supervisor has been entangled with the missing tanks since 1999 when his subdivision, Tierra Linda, was suppose to receive its water supply from Grey Eagle water tanks. Because of this entanglement, and this supervior's failure to agendize the issue, the appearance of conflict of interest exists. In my opinion faced with such a conflict the supervisor should recuse himself from this issue.

Also, later today, my attorney will deliver a letter to the Board of Supervisor informing them of my contact with the state offices and that I will monitor the County's actions during the next 45 days to see if they enforce state and county codes and ordinance in regards to this safety problem.

There are four separate resolutions that must occur:

-Add/build the required fire suppression capacity in the Pesante + Berta Canyon area

-Require the subdivider to build, or pay for building the required water storage for fire suppression, as well as pay associated fines

-Conduct an internal investigation and hold any public official accountable if they violated laws and/or ordinances, to allow the subdivision to occupy without adequate fire protection.

-Hold the ALCO water purveyor accountable for their involvement in this issue, including removing any un-permitted construction.

After the 45 days, I will determine if further actions must be taken to protect our neighborhood.