HomeMy WebLinkAboutResolution No. 85670
RESOLUTION NO. 8567
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF
OPTICAL RADIATION COMPANY AND AFFIRMING THE
ORDER FOR ASSESSMENT OF COSTS FOR EMERGENCY
ABATEMENT RESPONSE FOR A HAZARDOUS MATERIALS
INCIDENT AT PROPERTY LOCATED AT 1300 OPTICAL
DRIVE PURSUANT TO CHAPTERS 15.08 AND 12.60 OF
THE AZUSA MUNICIPAL CODE (CASE NO. 88-5690)
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Azusa
does hereby find, determine and declare that:
A. On November 29, 1988, a duly noticed hearing was
held pursuant to the provisions of Chapter
15.08.110 and Section 12.60.090 to confirm costs
for the City of Azusa's emergency response to a
hazardous materials incident at the subject
property located at 1300 Optical Drive in the City
of Azusa on July 14, 1988. The designated hearing
officer, Daniel Watrous, found the abatement cost
to be reasonable and proper for the work and duties
performed by the Fire Department and confirmed the
total cost of $6,134.74 to be assessed against the
property owner, Optical Radiation.
B. On December 12, 1988, the appellant, Optical
Radiation, by Phillip J. Englund, Esq., filed a
timely appeal from the November 29, 1988, decision
of the hearing officer.
C. On January 3, 1989, a duly -noticed hearing was held
before the City Council of the City of Azusa
pursuant to the provisions of Sections 15.08.110
and 12.60.090 of the Azusa Municipal Code on the
appeal of Optical Radiation. Evidence was received
from the City through its Emergency Services
Coordinator, Michael Douglas, and from Mr. Englund
on behalf of Optical Radiation. The staff report
and the files of the Los Angeles County Fire
Department, Los Angeles County Department of Health
Services, City of Azusa Police Department, City of
Azusa Emergency Services Office, and the Code
Enforcement Department, relating to the incident of
July 14, 1988, and the subject property were
received into evidence.
SECTION 2. Having considered all of the oral and
written evidence presented to it at the hearing held on
January 3, 1989, the City Council specifically finds that:
A. On July 14, 1988, units of the Los Angeles County
Fire Department, Azusa Police Department and
Los Angeles County Department of Health Services
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responded to Optical Radiation at 1300 Optical
Drive, Azusa, after a security guard called the
Fire Department to report that a refrigeration unit
was smoking.
B. The chemical contained within the refrigeration
unit was diisopropyl peroxydicarbonate. According
to the Los Angeles County Health Department,
Hazardous Materials Unit, this chemical may cause
an explosion and create a fire hazard if not kept
cool at low temperatures. The Los Angeles County
Health Department also confirmed that this chemical
is a hazardous waste or substance within the
meaning of 22 Cal.Admin. Code, Section 66680, and
Health & Safety Code Sections 25280, 25316, and
25400.
C. The Los Angeles County Fire Department hazardous
material experts determined that the chemical was
allowed to heat up beyond a safe temperature and
that it began to decompose. Evacuations were
ordered by the Fire Department in order to prevent
potential harm to human beings and property damage
from a toxic cloud. The Fire Department, operating
on information received from the chemical
manufacturer and the County's Field Chemical
Manuals, allowed the chemical to take its course
decomposing inside the container. After the
decomposition was complete, the unit was cooled
down further and the Fire Department found that the
chemical reaction had finished.
D. In the opinion of the hazardous material experts of
the Los Angeles County Fire Department and the
Los Angeles County Department of Health Services,
the chemical, in the state it was in at the
incident of July 14, 1988, posed a distinct and
potential danger to life and property within the
area surrounding the Optical Radiation facility.
The Fire Department responded properly in
monitoring the chemical until it was no longer a
potential hazard and in ordering an evacuation of
the area. The Police Department responded properly
by carrying out the evacuation and securing the
area. Had the evacuation not been carried out and
had the expert's analysis of the chemical at the
scene been incorrect, the potential for human
tragedy would have been significant.
E. The costs of the emergency response in the amount
of $6,134.74 is the actual and reasonable costs of
the emergency response by the Police and Fire
Departments.
SECTION 3. Based upon the findings set forth in
Sections 1 and 2 of this resolution, the City Council of the
City of Azusa does hereby deny the appeal of Optical
Radiation and specifically affirms the decision of the
Hearing Officer of December 1, 1988, that the cost of
$6,134.74 is an appropriate charge to Optical Radiation for
the costs of the emergency response to the hazardous
material incident on the subject property on July 14, 1988,
and that said costs shall be assessed against the property
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and shall become a personal obligation of the property owner
pursuant to the provisions of Section 12.60.090 and
15.08.120 of the Azusa Municipal Code.
SECTION 4. The City Clerk shall send a certified
copy of this resolution to Phillip Englund, Esq., legal
counsel for Optical Radiation, on behalf of Optical
Radiation, at the address shown in the Notice of Appeal
filed by Mr. Englund or as set forth in the hearing
thereon. Such mailing shall constitute notice to Optical
Radiation in accordance with Code of Civil Procedure Section
1094.6 and Azusa Municipal Code Section 15.08.090 that any
action to review this decision of the City Council shall be
commenced not later than the ninetieth (90th) day following
the adoption of this resolution.
SECTION 5. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day
Of January , 1989.
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I HEREBY CERTIFY that the foregoing Resolution was
duly adopted by the City Council of the City of Azusa at a
regular meeting thereof, held on the 16th day
of January 1989, by the following vote of the
Council:
AYES: COUNCILMEMBERS AVILA, STEMRICH, NARANJO, LATTA
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS NONE
ABS ¢SIN: C=VCILMEM MOSES
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DEPUTY CITY Kl
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