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HomeMy WebLinkAbout8.3 SubdrainSulfurOdor . . e. l .I' CITY CLERK File #r71~[Q]-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: JUNE 11,1996 SUBJECT: Request from Sherry & Kenneth Hill to Address the City Council on a Sulfur Odor Emanating from Bordeaux Estates Subdrain on Rolling Hills Drive (Tract 5073) Report Prepared by: Lee S. Thompson, Public Works Director EXHIBITS ATTACHED: 1) Letter from Sherry & Kenneth Hill 2) Correspondence with Tom Bantz of the Bordeaux Homeowners Association RECOMMENDATION: 1) Receive Staff report and any public testimony. \t:-d\....,..., 2) Give Staff direction as appropriate. FINANCIAL STATEMENT: None as the result of this report. DESCRIPTION: This item was placed on the agenda at the request of Kenneth and Sherry Hill of 11210 Rolling Hills Drive. The Hills wish to address the Council on a sulfur odor emanation from a Bordeaux Estates subdrain. The Hills have an underground box at the comer of their lot containing three air vents connected to a subdrain beneath the subdivision. These vents were originally installed by the subdivider of Bordeaux Estates to ~llow additional air into the subdrain in order to dilute the concentration and odor of a naturally occurring hydrogen sulfide deposit deep in the ground. HISTORY: In the grading of Tract 5073 (known as Bordeaux Estates) in 1986, an underground spring was encountered and a subdrain subsequently installed to drain off the water from the spring into a drain in1.ct located in the open space parcel of Tract 5073. Shortly thereafter, an odor was detected and determined to be originating from the spring. It appears that the spring runs through a sulfur deposit, and the chemistry of the soil is such that Hydrogen Sulfide gas forms underground and vents to the air from the drain. The developer subsequently contracted for a study of the odor problem to recommend mitigation. The recommendation resulting from the study was to vent the subdrain in three places t~ allow additional air.into the system to dilute the concentration -------------------------------------------------------~-~~-------- COPIES TO: Sherry & Kenneth Hill Silvergate HighlandsHOA ITEM NO. 8.7 g:\4cnmisc\sulfur ofthe gas and reduce the odor. This was done and the top of the vents were placed in a box at the ... . northeast comer of what is now the Hills' parcel. .... .1 Sometime later, the ownerS of the property (the Meyers) situated below the inlet into which the subdrain was connected c~mplained of the ~or. . The ~eveloper then installed a "flap gate" on th~t inlet which .' .. _ would let water In but not let the aIr from the mlet out. In 1994~ when the Meyers were 10 the process . selling their house;they filed suit against the City and the developer charging that the value of their home was reduced due to the proximity of the sulfur odor and seeking damages due to the City's alleged failure to abate a public nuisance. The successor to the developer (the lender) settled this case out ofeQurt. The City received a Summary Judgment in its favor from the Court, the Court finding that the City had no duty to abate the odorBS a public nuisance. At that time, the odor had subsided to become almost undetectable, presumably through the efforts of the developer and the natural evolution of the spring. It is Staffs understanding that the lender had contracted for a study to see if the odor could be mitigated. This study was completed about the time of the Meyers' suit and was never released to the City. With the ~turn of the heavy rains in 1995 and 1996, the spring reactivated the odor from the drain inlet. , Staff understands at the present time that the Hills are proposing to sell their home and would like to have the vents at the comer of their lot capped off. In summary~ the odor emanates from a Sl,lbdrain which was installed by the subdivision developer, and which exits into an open space parcel owned' and maintained by the subdivision homeowner's association. The subdr$inis not on Cityp!Qpetty, nor, is it the City's responsibility to maintain the system. .... . - . " \" :.... . : ~ . . . Page 2 . . . JUN 03 '96 01:0S?M MITSUBISHI ..- ~- June 1, 1996 Guy Houston Mayor City of Dublin City Offices 100 Civic Plaza Dublin, CA 94568 SUBJ; SULFUR ODOR EMANATING FROM STORM DRAINS & DUBLIN CITY COUNCIL MEETING NOTE: This memo & request contained herein were successfully faxed to Guy Houston on Monday, June 3. 1996 Dear Mr. Houston, On April 6, 1996, we sent you the attached memo. To date, we have not received a response from you or the City of DUblin offices. The sulfur problem in our neighborhood has been allowed to exist, unresolved by the City of Dublin, since the late 1980s. There are many issues involved, including health hazards: environmental hazards; system ownership, maintenance and repair; legal recording of appropnate documents related to ownership and easements; quality of life; and home value. The citizens of Dublin have the right to be protected by the City government from any health and environmental hazards which result from developments which fall under the jurisdiction of the City. The City of Dublin has neglected its responsibility with regard to the sulfur problem in our neighborhood. We respectfully. request thattnis issue be added to the agenda for the next Dublin City Council Meeting. We request time during the next meeting to present the problem to the Council and receive response from the Council as to Its Intent to resolve the problem. This may take significant time in the agenda. Therefore, you will need to ensure that an appropriate amount of time during the meeting is allotted. I will call your office on June 3 to confirm this addition to the City Council Meeting agenda. Sincerely, ~tiW Sherry L. Hill Kenneth J. Hili 11210 Rolling HiHs Drive Dublin, CA 94568 ce. " SlIvergate HIghlands Homeowners Association, C/O Tom Bantz, Association Manager, Pacific Property Management r:;"7","' I!"'~ r .;:, . ~ ~ 1. l/s I l~:._, ~ ~.. " \..... ~'. 1.. ._. .. ..JUII~"""" _'I..) ':.,.1".L..r.............,II '1..r..1",-,1...I~..I.-'I',&, ~~~ SULFUR ODOR E~~ATING FROM STORM DRAINS IN DUBLIN, CALIFORNIA Date: 96-06-02 12:45:55 EDT SHil151326 epahelp@hwl.cahwnet.govJ L..- x- _ eft Ll 'FOQ. ~ I Pr SPA _ We hope you can help us, or direct US to the right person within the California EPA who can help. Thank you, in advance, for your assistance. From: To: iPj:3iql& Cc', GIJ\{ H00~nN 1()lY1 B PrNr7- e We live in Dublin, California (located east of San Francisco Bay Area). Last year, we became aware of a sulfur problem in our area. After conducting considerable research at our own expense, we have discovered that this problem stems from the late 1980s. Let me explain in more detail. There is a current and persistent noxious odor (smelling like sulfur) that emanates from the common area near the corner of Creekside Drive and Rolling Hills Drive in Dublin, California. This common area is maintained by the silvergate Highlands Homeowners Association (phone # 510-820-7472). This odor also emanates from at least four storm drains on Rolling Hills Drive, Creekside Drive and Brittany Drive in Dublin (these storm drains are marked that they drain to the san Francisco Bay); and from some sort of a "utility" box located in front of our horoe, behind the sidewalk. We came to understand last year that the developer of the houses in our neighborhood hit a sulfur spring in or around the vicinity of our lot, when grading the properties back in the 19805. we further understand that when the Ci ty of Dublin accepted the improvements in the subdivision from the then e:.: owner/developer (FIMSA), a proviso was made that the sulfur problem be corrected within a one year maintenance period. We also understand that a bond, held to insure that the sulfur problem was corrected, was released, even though the problem has never been corrected. .We've conta~ted both the zone 7 Alameda county Flood control and Water Conservation District and the Dublin San Ramon services District. Both of these agencies have essentially informed us that they are not responsible for the storm drains indicated and that the responsibility lies with the City of Dublin. ~elve sent letters to the Mayor of Dublin, with no response that the City plans to resolve the problem. We have also discussed this matter in depth with the Dublin Public Works Director, Lee Thompson. Mr. Thompson has provided us with a great deal of background information, but no resolution. There are a number of concerns we have related to this problem. They include: 1) Toxicity of sulfur dioxide being emitted into the air and the storm drains 6-2-1996 America Online:SHill51326 Page 1 e '--/5" JUN 03 '96 01:05PM MITSUBl~Hl 21 . ~nort and long-term health problems related to constant exposure to sulfur dioxide emissions 3) · Responsibility and ownership of the "systemll for draini.!1g the sulfur spring ... The impact of the problem on home values in the area ~is entire problem was never disclosed to us by the city of Dublin, nor by the sellers from whom we purchased our home. We have not been able to impact the city of Dublin to resolve the problem. We believe the problem is serious and has detrimental long-term effects to the health of residents and the environment. Our goal is to see the problem resolved expedientlY. Can you help us? Thank you again, for your time and assistance. Sherry L. Hill Phone Number 510-828~5424 .... .' . . 6-2-1996 America Online;SHilI5~326 page 2 315 .. April 6, 1996 Guy Houston Mayor City of OUblln City Offices 1 00 CIVIC Plaza Dublin, CA 94568 SUBJ: SULFUR ODOR EMANATING FROM STORM DRAINS Dear Mr. Houston, As you are aware from the phone conversation we had several months ago, we have been attempting to achieve remedy from the appropriate, responsible governing agencies to .. . correct the noxious odor (smelling like sulfur) that emanates from at least four storm drains and the Silvergate Highlands Homeowners Association property on Rolling Hills Drive, Creekside Drive and Brittany Drive in the west Dublin hills community of Bordeau Estates. In our efforts, we have achieved nothing but frustration and "finger pointing." We have been forced to spend an exorbitant amount of personal time and dollars to try and solve a problem that should have not been allowed to exist by the City of Dublin In the first place. As diligent tax payers (in fact we are arnong the highest individual tax base in the City of Dublin), the citizens of Dublin have the right to be protected by the City government from any health and environmental hazards which result from developments which fall under the jurisdiction of the City. This Is the case with the sulfur problem in our neighborhood. The city was responsible for approvals in the development of Bordeau Estates, as it is for all developments within the city limits. As long ago as 1986, the City of Dublin made written note to the developer of its concern that -reports of Illness among workmen at the site ... which may be related to the problem of the sutfide spring." However, for some reason, the City of Dublin allowed the homes In the neighborhood to be built and sold, and never took aggressive action to Insure that the sulfur problem would not be a problem for its citizens. To date, we have seen no aggressive action taken to definitively solve this sulfur problem. What we have seen Is bureaucracy at its best; letters written back and forth, attorneys' .. opinions and finger pointing. This is COMPLETEL'( UNACCEPTABLE in a day and age when both ori'late and public ot!lcials are held accountable by stake holders for RESULTS, versus AVOIDANCE. l-\)6 "'....::._... _ JUN 03'96 01: 07?M MITSUBISHI r . ......J.' J . We are crltlcally concerned about health I environmental and resale problems In the community because of this toxic odor. We are also concerned that the new housing communltles currently under construction In the hills adjacent to Silvergate Drive may have an even greater negative impact on the problem. An even deeper problem exists here, that we think particularly should concern your office. This is: that the City of Dublin seems unable to take definitive and aggressive action to solve problems in its communities. Instead, we see the bureaucracy indicated above. We believe tn::3t tne pl3tform upon which you WQrg QIQctlilCl as Mayor, i. committlid to 2ggrli'~ive 2ation that benefits the citizens of Dublin and the core of the City's tax. base. In the case of Bordeau Estates and the sulfur problem. we believe that when the problem flrst occurred, the City should have denied any further sale of homes until the problem was definitively solved to its satisfaction. While this is "water under the bridge," we trust that you, as Mayor, will ensure that the problem is addressed aggresslvelv and solved expedientlY. Sincerely, . Sherry L, Hill Kenneth J. Hill 11210 Roiling Hills Drive Dublin, CA 94566 ce. .. Silvergate Highlands HomeoWners Association, ero Tom Bantz, Association Manager, Pacific Property Management . 5('5 /~...~- li'<2i~0~\\ CITY OF Dl'BLI~ . '. ~~~jY -:;-;:;34;-8001" C~~~CO~- s,,~;--------~c, ;~:~-~-;~,~" -;;~o,:- ~;~;';~:I';;;;~'. '. March 28, 1996 Mr. Tom Bantz, Community Manager PACIFIC PROPERTY MANAGEMENT 17 Crow Canyon Court, Suite 210 San Ramon, CA 94583 SUBJECT: Sulfur Odor from Storm Drain System Dear Mr. Bantz: The sulfur smell emanating from vents next to the Hill home and in the Homeowner's Association open space lot off Rolling Hills Drive is from a subdrain placed in the original landfill by the original developer to intercept groundwater. It appears that the subdrain intercepted an underground spring which runs through a sulfur deposit which produces Hydrogen Sulfide gas. It is my understanding that the minute amount of hydrogen sulfide is not toxic but does give off , a detectable odor similar to rotten eggs. .,' The subdrain runs under the subdivision and is relatively deep. It intercepts the private Homeowner's Association drainage system at a catch basin just to the south of Rolling Hills Drive at your open space lot. We are not aware of any solution to the problem; however, Greiner Engineering did perform a study for the successor to the original builder, FIMSA. To date, we have not received a copy of this study. If you have any questions, please feel free to contact my office. o;'~ Lee S. Thompson Public Works Director LST/mb cc: Elizabeth Silver, City Attorney .' g: \eorres \!st\mar96\rollhill Aomlnistration (SiC! 833-6650 . City Council (510) e33.66C5 . ;:1: Cooe =nforcemeni (510, e33.6620 . Engineering iSla, 833- Police (SiD', 833-6670 . Pubilc Works (5101: ~1'Ii. ~ f ~~, 7"-;' ~ "'!' t ,..., [ , '.' ~ ", ;:'-; t:,;., . .. :.,.; ~. W"".,.t,., . ~ {- - C' " ; i t' .'. ,. .' ,. Il: ....~':..~ .. iiM ~ a._;!I'/ ~ !II 2 Pacific Property Management Homeowners Association Management March 20, 1996 Mr. Lee Thompson Public works Director City of Dublin P.o. Box 2340 Dublin, CA 94568 RE: su~fur Odor From Public Storm Drain System Dear Mr. Thompson: On March 8, 1996, Mr. & Mrs. Kenneth Hill wrote to the Silvergate Highlands Homeowners Association complaining of a sulfur odor emanating from the public storm drains. The homeowners association contacted an attorney who recommended that the City of Dublin be contacted to help evaluate the situation and determine if the odor is toxic. We would also like your recommendation as to what can be done to eliminate the problem and when you foresee the odor problem being abated. We appreciate your assistance to rectify this problem. It there is some other party or agency that should be involved in resolving this matter, please advise. Sincerely yours, BOARD OF DIRECTORS 5ILVER3A7E BI3ZLhl~DS 'iJiYJ!L G~~ by Tom Bantz, Community Manager ,r:- ."" cc: Board of Directors File i 7 Crow Canyon Ct., Suite 2iO . Son Ramon, California 94583 . 5iO-620-7472 r.<; r ~ _. '. I ~~ . March 8, 1996 SlIvergate Highlands Homeowners Association C/O Pacific Property Management Tom Bantz, Association Manager 17 Crow Canyon Court, Suite 210 San Ramon, CA 94583 SUBJ: SULFUR ODOR EMANATING FROM CREEKSIDE DRIVE I ROLLING HILLS DRIVE COMMON AREA Dear Mr. Bantz, We are writing to request that Silvergate Highlands Homeowners' Association take action to eliminate the noxious odor (smelling like sulfur) that emanates from the common area near the comer of Creekside Drive and Rolling Hills Drive. This odor also emanates from at least .,'. four storm drains on Rolling Hills Drive, Creekside Drive and Brittany Drive. . We are critically concerned about health, environmental and resale problems in the community because of this toxic odor. We are further concerned that the new housing communities currently under construction in the hills adjacent to Silvergate Drive may have an even greater negative impact on the problem. At the very least, the builders, and perhaps the Silvergate Highlands Homeowners' Association will need to disclose this neighborhood odor and potential health problem to purchasers. We request a response in writing as to your findings and intended actions to correct this problem, within the next 14 days, since the problem continues to get worse. Sincerely, ~t1.~ ~~ Hill Kenneth J. Hill 11210 ROiling Hills Drive Dublin, CA 94568 ce. ... Lee S. Thomson, Public Works Director, City of Dublin . ... Managing Director, Dublin San Ramon Services District . e: . ~.....-;--~.~ * ~~~€>\' CITY OF DCBU:-; <~'~'. .~ ~:~:j -- --~~~'~)'x 2;~;"~~~~~-~~-i'~~~i;~~~~---'-'-- --~I~~'- ~~~e-:-~~;~~,~';~=a-;~-~'l:-~:~;~~'-,-~- ~~~ S~: .. -~~.- - April 18, 1996 Pacific Property Management Mr. Tom Bantz, Community Manager 17 Crow Canyon Court, Suite 210 San Ramon, CA 94583 SUBJECT: Sulfur Odor from Subdivision Subdrain Dear Mr. Bantz: This letter is in response to your correspondence of April 3, 1996, regarding the hydrogen sulfide odor produced somewhere under your subdivision. The hydrogen sulfide is venting to the air into a catch basin in the open space owned by the Homeowner's Association just south of Rolling Hills Drive. There are also three vents designed to let air into the subdrain at the northeast corner of the Hills' home on Rolling Hills Drive. The City had previously received complaints regarding the odor from the property owner jusLdownhill from the open space catch basin (property Located at the southwe.st corner of Rolling Hills Drive and Creekside Drive). For this reason, the City worked with the developer to find a solution to the odor problem. Subsequently, the property owner downhill from the catch basin filed suit against the developer and the City. The lawsuit sought damages for failure to abate a public nuisance (the odor). The Court found that the City had no obligation to abate the nuisance, given the fact that the odor is emanating from a catch basin which is not owned by the City. The suit was later settled and, as part of the settlement, the City agreed to completely final the Tract and release the bonds. At the time the City agreed to final the Tract, the odor had subsided to the point that it was not detectable. It is my understanding that with the heavy rains of the last two winters, the odor has returned. .4,cmln~stiaIion (510, E33-6650 . City Council (510\ 633.6605 . Finance (510) 833-6640 . Building Inspection (510) 833.6620 Coo~ ::nforcemen: (510) 833-6620 . Engineering (510) 833.6630 . Parks & Community Services (510) 833-6645 Poiice (510) 833-6670 . Public WorkS (510) 833-6630 . Planning (510) 833-6610 .~ ;..." To my knowledge, there have been no other complaints from - residents within the Bordeaux subdivisions until recently, when Mr. and Mrs. Hill decided to sell their home. If you have any questions, please feel free to contact my office. . Sincerely, i~~ /Ln\~ 0. Lee S. Thompson Public Works Director LST/mb cc: Richard C. Ambrose, City Manager Elizabeth Silver, City Attorney g: Icarres lis tlapr96\bantz5073 ."" .- .