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HomeMy WebLinkAbout7.2 HydrogenSulfideOdor CITY CLERK File # [2]~[3][QJ-~[QJ '.. AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 13,1996 SUBJECT: Request from Mr. and Mrs. Hill for Aid in Solution to Hydrogen Sulfide Odor Issue Report Prepared by: Lee S. Thompson, Public Works Director EXHIBITS ATTACHED: 1) Excerpt from Minutes of June 11, 1996, City Council Meeting Copy of Response Letter to Mr. and Mrs. Hill from Public Works Director 2) RECOMMENDATION: _ It> 1) ~ 2) 3) Receive Staff report Receive comments from Mr. and Mrs. Hill. Deny request that the City participate in studies or physical attempts to eliminate the odor. :".INANCIAL STATEMENT: None ifrequest is denied. If the City agrees to undertake studies and/or trial solutions to the odor issue, the potential cost is not known at this time but could be substantial. DESCRIPTION: Mr. Kenneth and Mrs. Sherry Hill, owners of property on Rolling Hills Drive, have requested the City's help in eliminating a hydrogen sulfide odor emanating from a subdrain in the Bordeaux Estates development. At the City Council meeting of June 11, 1996, Mrs. Hill asked several questions regarding the City's involvement in the original development and the City's policies. The City Council directed staff to get together with the Hills to answer their questions and then bring the item back to the Council. The Hills did send a letter to the City with their questions, and Staff responded to the questions (see Exhibit 2). The situation is that the original subdivider graded the hillside area for development, and as part of the grading, a series of sub drains were installed at the direction of the developer's soils engineer. One of the sub drains subsequently collected water from an underground spring which passes through a sulfur deposit. Hydrogen sulfide gas was formed, and an odor began to emanating from the sub drain where it connected to the storm drain serving the tract's open space parcel. .-:.------------------------------------------------------------------ . COPIES TO: ITE~NO.~ g:\agenmisc\813h2s The developer had a study prepared to find a solution to the odor issue. The study recommended that .: vents be connected to the system to allow more air into the sub drain to dilute the gas. The three vents open to the ground in a box at the comer of the Hills' property were subsequently installed. The City has been the subject of a prior suit regarding the diminution of value of a property just east of the open space parcel at which the odor emanates from the storm drain. The City was found not to be responsible in the suit. It is Staffs belief that, if the City agrees to aid in a solution (if, in fact, there is a solution), the City will then take on the responsibility for maintenance of the system and any liability that might attach to the odor issue. It is, therefore, Staff's recommendation that the City not participate in studies or physical attempts at resolving the odor issue. Page 2 e-: o. ._ e-: . .. "- - . J : '" ..: ...J" ~ .... ~ "..' .l- ~ ....... 0 \vhere the gun dealer is. o Chief Rose stated they could require permits for this just as th 0 for parades or for anything else. This would clear up some of the misun andings. On substitute motion of Cm. Moffatt, sec ed by Cm. Barnes, and by unanimous vote, the Council determined that gun _ ers (both residential and commercial) would be required to get a police pe . and residential gun dealers would require a CUP. The oversight would co ack to the City of Dublin and they would have to get a Dublin permit, and . would be a part of the Dublin Ivlunicipal Code. The City Attorney was direct LO prepare a draft an ordinance to be brought back at the next City Council .-+.-- REQUEST FROM SHERRY & KENNETH HILL TO ADDRESS THE CITY COUNCIL ON A SULFUR ODOR El\1ANATING FROM BORDEAUX ESTATES SUBDRAIN ON ROLLING HILLS DRIVE (TRACT 5073) 10:34 p.m. 8.3 0030-30) Public \~lorks Director Thompson presented the Staff Report and advised that Mr. & 1\1rs. Hill who live at 11210 Rolling Hills Drive, have requested that this item be placed on the agenda and that the City of Dublin find a solution to the hydrogen sulfide odor emanating from a drain inlet in an open space parcel owned by their Homeowners' Association. The odor comes from an und~rground spring which passes through a sulfur deposit. The subdrain is not on City property, nor is it the City's responsibility to maintain the system. Sherry Hill asked, generally speaking, how much knowledge the City Council has of the situation. \\Tho owns the sh~eets? \\Tho owns the stormdrains? Who owns the su bdrain? -" 1\1r. Thompson replied the City O\1.,711S the streets, the City owns the stormdrains and the Homeowners' Association owns the subdrain. NlS. Hill asked about the bond and v..Then it was released. 1\1r. Tnompson stated it was at the end of the lawsuit. 1\1.5. Silver advised that the seLLlement agreement was signed on May 19, 1995, and it was included in the agreement. Cm COUNCIL MmUTE.S VOLUME. 15 RE.GULAR MEETING June 11, 1996 PAGE 791 r~ ~f r:'~'.-~ ~~ -, ~.-: 1~ L~i "~~ i~~ ~ ! J Mr. Thompson stated it was a subdivision performance bond and it included the su bdrain. . Ms. Silver felt that if there were more questions, it might be more appropriate for them to meet with Staff. Ms. Hill stated what is listed on the agenda is not correct and she requested that it be changed. They are requesting help and the odor is coming from at least 4 of the City owned stormdrains. There should be as-built plans if the homeowners' association owns it. If the system fails, perhaps there should be easements filed with the City so they would have access to the failed lines. The smell is coming from City drains. Mayor Houston stated the wording couldn't be changed on the agenda, but reference of the changed wording could be included in the minutes. The agenda, as published: 8.3 Request from Sherry & Kenneth Hill to address the Cit), Council on a Sulfur Odor Emanating from Bordeaux Estates Subdrain on Rolling Hills Drive (Tract 5073) Mr. & 11rs. Hill, 11210 Rolling Hills Drive have requested that this item be placed on the agenda and that the City of Dublin find a solution to the hydrogen sulfide odor emanating from a drain inlet in an open space parcel owned by their Homeowners Association. The odor comes from an underground spring which passes through a sulfur . d~O~L . ..... STAFF REC01'v.1MENDATION: Receive report and any public testimony and give Staff direction as appropriate. Ms. Hill requested language: "Mr. & Mrs. Hill, 11210 Rolling Hills Drive have requested that this item be placed on the agenda and that the City of Dublin find a solution to the hydrogen sulfide odor emanating from a subdrain system which includes a drain inlet in an open space parcel owned by their Homeowners' Association; from stormdrains (on Rolling Hills Drive and Brittany Drive) which are owned and maintained by the City of Dublin; from portions of the subdrain system which cross under Rolling Hills Drive and Brittany Drive, both of which are owned by the City of Dublin; and from portions which cross u.nder and enter onto at least one Bordeaux Estates private homeowner's property (Kenneth & Sherry Hill). The odor comes from an underground spring which passes through a sulfur deposit. " 1\15. Hill stated their intent is to work with the City to resolve this problem. It is frustrating, but they just want to solve it. lviayor Houston felt they should table this and talk with the City Attorney and Public \V orks Director Thompson. . ') CITY COUNCIL MINun:s VOLUME 15 REG.ULAR MEETING. June 11, 1996 Gloria Hoxsie aka Gloria Husick, stated she is President of the Homeowners Association of Silvergate Highlands and surrounding the open space area in question. She \vas .given documents by the Hills and she also had conversation with the Attorney that sued the City. The Attorneys in the lawsuit were trying to eliminate the smell. The City had a hammer over the developers and the lawsuit wa~ resolved with this one homeowner and the City was successful with a summary judgment. She thought the City has a responsibility to work with the Hills and the Homeowners' Association to resolve tJ;1is situation. It is not just frqm the one drain and the City does not have on file the documents necessary for them to trace the outlets. By releasing the bond, they felt we eliminated the source of funds to correct the problems. The City should get the developer back in and have them pay to resolve the problem. If they could work with the City and get PIMSA back involved maybe they can all come up with a solution so as to not further decrease the property values. Mr. Thompson asked for a copy of the Bissel and Karn report. 1\1s. Hill also added as a concern that a worker on her property discovered possible health hazards on their property. They have no idea of the levels going into the system whether it is a legally acceptable amount. They have environmental concerns as homeowners as well as for the City. ~ On motion of Iv1ayor Houston, seconded by Cm. Burton, and by unanimous vote, the Council agreed to continue this item until such time that the City Attorney and Public .. .. Works Director Thompson can meet with them. ,.........._........_.......~............--.............. Visit to Dublin Texas (140-50) 10:50 p.m. Cm. Barnes requested that the City Clerk give a brief report re to her recent visit to Dublin, Texas as part of the Dublin Sister City Associa~' s Dublins of America project. Kay Keck stated Dublin, Texas was a ve,.l riendly little town with about 3,200 people, located about 80 miles southeast allas/Ft. WOlih. They had a very impressive looking "Dublin National B ' on one of their main corners in town. She visited the oldest Dr. Pepper bott' g plant in the world in Dublin and they still bottle, but only on Tuesdays. A hu cr antation style house surrounded by big trees which sat on 10 acres of la was on the market for $125,000. Her tour guide, Anne Eckerson with the ' mber of Commerce thought it would make a wonderful Bed & Breakfast Inn ,.. ... ,.I '< . !3 CITY COU.NCIL MINUTES VOLUME. 15 RE.GULAR MEETING. June 11, 1996 PAGE 293 , . -. ~ ./' '-....f [)/ .'. '. :::::.:)~~/; _ ~J. I/I<@Y~ \\\ '~. ~- -~ :'~ CITY OF DL:BLIN '.1 ~ '1/ --\~.>--~. :>f1 --, ='0. ;~x ;;~~-~~~ii~~'Callbr~la 9456B-.-'--:-'---~~;~~;~~~'~~o CiV;;;I~za. ~:~:;.~a~~~;n~~ ". .~'l1:~\.."'~'~:' I a. :::1~~. July 23, 1996 't Sherry & Kenneth Hill 11210 Rolling Hills Drive Dublin CA 94568 SUBJECT: Sulfur Odor Dear Mr. & Mrs. Hill: Following are our answers to your questions regarding the sulfur odor in your neighborhood. 1 ) Q: Who owns the streets in the area: A: The City of Dublin has accepted the dedication of public streets in Subdivision #5073 and provides maintenance on these streets. 2) Q: Who owns the storm drains in the area? . A: The City of Dublin maintains the storm drains within the streets that drain water from the public streets. 3) Q: Did the City of Dublin approve the "sulfur subdrain system" from the developer? A: The City did approve a subdrain system to be placed during the grading of Tract 5073. It was installed at the direction of the developer's soils engineering firm. The purpose of the system was to pick up potential subsurface springs. The sulfur odor did not appear until after the grading and street work had been installed. 4) Q: What does the City plan to do to eliminate the sulfur smell that emanates from the City storm drains? A: At this time, the City Staff does not plan to take action to eliminate the sulfur smell that emanates from the City storm drain catch basins, nor from the catch basin in the Homeowners open space lot. Further, Staff is not sure that this odor can be eliminated. 5) Q: When did the City release the $900,000 performance bond, which was being held . until the developer (FIMSA) fixed the sulfur problem? 4 4j:Tl:n!straHon (~:~5: E33~66S0 . City Council (';;5~ 833.66C5 . r=ir,a:1::e (41E Cooe ::niorceme:1t (415j 633-6520 . ::ngmeenng W5) 833 POi Ice (415) 833-6670 . ?L;oilC Works (415) 533-6630 ~XH;~]T z Mr. and Mrs. Hill .JUIY 23, 1996 . age2 A: The $900,000 performance bond was released at the end of the Meyers' lawsuit. The Meyers' suit settlement was signed on May 19, 1995, and the release of the bond was included in the Agreement. 6) Q: Why did the City agree to release the $900,000 performance bond? A: For several years the sulfur smell had gotten less and less detectable, and it was not perceived as an ongoing problem. 7) Q: Did the City inform the Homeowners Association or individual homeowners that the bond was released? A: No. S) Q: What does the City plan to do to eliminate the sulfur smell emanating into the Hill's . yard and home? A: At this time, the City Staff does not plan any action to cap the air vents at the comer of the Hills' property. 9) Q: Does the sulfur problem in the neighborhood pose an environmental hazard or problem either short or long term? A: Not to our knowledge. 10) Q: Is the sulfur smell that emanates from, or the sulfur "run off' that enters the City storm drains in the area violating any environmental regulations? -- A: Not to our knowledge. 11) Q: Does the sulfur problem in the neighborhood pose short or long-term health problems for residents? A: Not to our knowledge. 12) Q: . A: '" ::; Has the City responded to the complaint filed (on 2/5/96) with the City of Dublin by the Bay Area Air Quality management District? If "No", does the City plan to respond to the complaint? Why? Why not? If "Yes", may we obtain a copy of the City's response? No. The complaint was not made to the City, nor was a response requested from the City. Mr. and Mrs. Hill July 23, 1996 Page 3 If you have any further questions, please contact me after July 29th. LST/mb Ene. cc: City Council Elizabeth Silver, City Attorney Richard C. Ambrose, City Manager p:\correslJst'iuly96\sulfhill /,., Sincerely, !'-~ ( '-- ....- Lee S. Thompson Publie Works Director .~ . e- .