HomeMy WebLinkAboutDYNACHEM 07-21-80DATE: 3uly 18, 1980
Inter- eom
TO: DAN BLANKENSHIP, CITY ADMINISTRATOR
FilOH: ]AMES G. ROURKE, CITY ATTORNEY
SUIIJ ECT: DYNACHEM
As we believe you are aware, it came to the attention of the George Reid,
Building Official~ that the design of the Dynachem building did not fully meet all
the requirements of the Uniform Building Code. After various steps were taken by
George Reid and this office, Dynachem has corrected all the deficiencies of the
building~ at an estimated cost of $6,000.00 to $8,000.00 except for one matter.
That matter is that they store certain materials in one area which under the
Uniform Building Code may not be stored in an area around which there is not at
least 30 feet of "clear area". The Dynachem building is I0 feet from the property
line and Dynachem has made arrangements with its neighbor, Schick Corporation,
whereby Schick is willing to agree that it will maintain a 20 foot area on its side of
the property line as a clear area, thus providing the necessary 30 feet of clear
area. However, Schick is only willing to make this agreement on a essentially a
temporary basis and any agreement entered into would provide that they could
cancel the agreement~ and build on the clear area, after 90 days notice. This
office has trouble with that solution. The only other alternative in George Reid's
view, would be for Dynachem to remove the storage of hazardous materials from
that area or reduce the storage area of those materials from an area of
approximately 6~000 square feet down to an area of 1,500 square feet. George
Reid does not believe that action is practicable although he believes that when
Dynachem moves from the City of Tustin that they will move all hazardous
materials out of the City. Dynachem's attorneys have advised that they feel that
they cannot get any better agreement from Schick Corporation.
We really do not know what Dynachem will do if we insist Dynachem that
it must comply and that the proposed agreement with Schick Corporation is in-
adequate. 3udging from some of their prior actions and considering that we
understand that they are intending to move eventually, it may well be that they
would resist any efforts by the City to interfere with their operations~ close the
building, get any injunctions against them, etc.
We feel that this is a matter upon which we should obtain guidance from
the City Council inasmuch as on the one hand we may facing the possibility of
some degree of danger to the public 'if we do not demand strict conformance with
the clear area requirements and on the other hand if we do so demand the City may
find that it is involved in what the City Council might deem as unnecessary
expense in relation to the degree of hazard. _ ......... .---
3GR:se:D:7/10180
3GR:se:R:7/I 8/80
IC DB/Dynachem D:6 JUL ]- !980
cc: Honorable Mayor and City Council
./