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HomeMy WebLinkAboutStone Eagle Golf Course Release Security 08-28-2008Contract No. C28130 REQUEST: CITY OF PALM utbt PUBLIC WORKS DEPAR1IMIyG DATE ge' CONTINUED / TINUED TO 6 9 ` STAFF REPORT CI PASSED TO 2ND READING Accept the Hearing Director's Recommendations Regarding Stone Eagle Golf Course, Accept the Project as Complete, Release the Securities, and Authorize the Mayor to Execute the Maintenance Agreement SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Stone Eagle 74-001 Reserve Drive Indian Wells, CA 92210 DATE: August 28, 2008 CONTENTS: Staff Report to Director's Hearing Dated 01-17-08 Minutes to Director's Hearing 01-17-08 Director's Hearing Recommendations Memo Contacts List for 01-17-08 Director's Hearing Maintenance Agreement with Exhibits Recommendation: That City Council, by Minute Motion: 1.) Accept the recommendations resulting from the Stone Eagle Golf Course Impacts Director's Hearing; 2.) Accept the golf course project as complete; 3.) Release the associated securities; and 4.) Authorize the Mayor to execute the maintenance agreement. Discussion: Soon after completion of the Stone Eagle Golf Course, complaints were received by the Public Works Department regarding what appeared to be excessive runoff from golf course irrigation. Staff performed extensive investigations over a period of approximately two years, and conducted public information meetings with affected residents in an effort to thoroughly identify and resolve their concerns. The investigation concluded with a Director's Hearing on January 17, 2008, at which time input was received from affected residents, the developer, environmental professionals, and City staff. Each issue was thoroughly discussed and documented (see the staff report and minutes of the hearing, attached). While it is unlikely that there is or will ever be unanimous satisfaction, staff is confident that all of the significant concerns have been appropriately addressed. Accept Stone Eagle Golf Course and Release Securities Page 2of2 August 28, 2008 The results of the Director's Hearing are found in a report from Assistant City Attorney Bob Hargreaves, also attached. Mr. Hargreaves identifies specific issues regarding impacts resulting from golf course operations, provides acknowledgement of measures that have already been implemented, and recommends ongoing measures to prevent impacts from recurring. As part of the ongoing mitigation measures, Stone Eagle will be required to continue to perform weekly inspections of Bruce and Ramon creeks, and to provide acceptable documentation of these inspections to the City on a quarterly basis. City staff has the right to inspect the creeks quarterly and to recover the cost of these inspections from Stone Eagle. Stone Eagle will also conduct annual water quality testing, and is required to post a $50,000 performance bond to secure their performance. The golf course has been inspected by City staff and found to be in conformance with the project approvals, with the exception of several drainage pipes that concentrate drainage flows onto neighboring properties. Stone Eagle has agreed to modify these pipes to restore drainage flows to a more natural condition. Final approval of the golf course improvements is contingent upon successful completion of this relatively minor work. Staff has been contacted by a neighboring property owner regarding an access rights dispute with Stone Eagle. We have reviewed the records relating to this issue and has discussed the matter at length with the property owner and with Stone Eagle. It is the opinion of staff and the City Attorney that this is a private matter between the property owners and that the City has no regulatory nor enforcement responsibilities. Therefore, the Public Works Department recommends that Council accept and approve the recommendations from the Director's Hearing, accept the golf course construction project as complete, approve the release of the associated securities, and authorize the Mayor to execute the maintenance agreement. Fiscal lmpact: None. Department H-a Mark Greenwood, P.E. Director of Public Works Appro -Pr Carlos L. 0 City Mana Homer Croy ACM for D pment Services Contract No. C28130 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California, 92260 Attn: Telephone: (310) 312-4217 Telecopier: (310) 914-5844 MAINTENANCE AGREEMENT by and between CITY OF PALM DESERT a California municipal corporation and STONE EAGLE DEVELOPMENT, LLC a Delaware limited liability company 41286388.6 1 Contract No. C28130 MAINTENANCE AGREEMENT This MAINTENANCE AGREEMENT ("Agreement") is dated as of , 2008 ("Effective Date"),by and between the City of Palm Desert, a California municipal corporation("City") and Stone Eagle Development, LLC, a Delaware limited liability company("Owner"). The City and Owner enter into this Agreement with reference to the following facts (each, a"Recital"): RECITALS A. Owner owns certain real property commonly known as the Stone Eagle Golf Course (the "Property") located in the County of Riverside, State of California, which Property is more particularly described on Exhibit A-1, and depicted in Exhibit A-2 attached hereto. B. The City has expressed concerns about the potential impacts on Bruce Creek and Ramon Creek of subsurface drainage from the golf course developed on the Property. C. In response to such concerns, and to mitigate any potential impact which arises from the Property, Owner has agreed with City that so long as a golf course is operated on the Property, Owner ar its successors and assigns as owner of the Property will comply with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Owner (each herein sometimes called a "Party" and jointly the "Parties") hereby agree as follows: AGREEMENT 1. Term The term of this Agreement shall commence on the Effective Date and, unless earlier terminated by the City in its sole and absolute discretion, continue in full force and effect until such time as there is no longer an operating golf course on the Property("Term"). 2. Owner Obligations The following are herein called the "Owner Obligations:" 2.1 General Dutv. Owner shall have a continuing duty to mitigate impacts to Bruce and Ramon Creeks caused by golf course run-off and drainage in a manner that avoids unreasonable impacts to biological resources or adjoining properties. The mitigation plan shall initially include the steps outlined below, but may be amended by the City, in consultation with Owner and other interested persons, as necessary from time-to-time, to address the evolving situations in the creeks. 41286388.6 2 Contract No. C28130 2.2 Initial Mitigation Measures. 2.2.1 Owner shall cause weekly inspections to be made of the retention pond and pump located in Bruce Creek and Ramon Creek in the area of the Property delineated on Exhibit B hereto, and shall cause any required maintenance to be performed so that such facilities can serve their intended purpose. 2.2.2 Owner shall (i) cause monthly visual inspections of Bruce Creek and Ramon Creek to be performed in the locations shown on Exhibit C hereto (the "Inspection Area") (subject to Owner's obtaining permission from the necessary landowners to enter private properties as needed in order to obtain such access), and (ii) cause (x) the removal of non-native plant species, and (y) the remediation of potential mosquito-breeding sites, in the Inspection Area. 2.2.3 Owner shall retain a City-approved consultant to perform annual water quality bioassays of the type set forth on Exhibit D hereto in Bruce Creek at the Inspection Area and to provide an annual report thereof to Owner and to the Director of Community Development of the City. Owner shall perform such bioassays no later than August 1 of each year. If the test for Aquatic Toxicity — 96 Hour Acute Ceriodaphnia Survival has a 90% survival rate, then no further testing is required that year. If such survival rate is less than 90%, then additional testing shall be performed to determine the levels of the constituents shown and to determine the cause of the toxicity. City acknowledges that the water in Bruce Creek is not potable and that there is no intention of improving the quality of the water in Bruce Creek to a quality higher than the quality necessary to ensure that drainage from the Project does not degrade biological values or biologically degrade property located adj acent to the Creeks. To the extent required, and to the extent feasible by changing the drainage on the Property and taking no other act, Owner shall mitigate nitrate and toxin levels in Bruce Creek to levels which do not exceed the levels for such substances set forth on Exhibit D hereto. City recognizes (i) that property other than the Property contributes drainage to Bruce Creek, (ii) that Owner shall have no obligation to perform any work on property other than the Property, and (iii) that because of the drainage from property other than the Property it may not be possible for Owner to mitigate the levels of nitrate and toxins in Bruce Creek. 2.2.4 Owner shall provide to the City annually no later than July 1 of each year, a list of pesticides applied to the Property (including, without limitation, insecticides, herbicides, fungicides and miticides). The City shall have the right, within thirty (30) days after receipt of such list, to reasonably require additional tests to be performed to assess the presence of additional compounds, based on such annual list of applied pesticides. 2.3 Quarterlv Reports. Owner shall provide the City with quarterly reports setting forth the dates of inspections of Bruce Creek and Ramon Creek, the observations made during such inspections, and the action (if any) taken as a result of such inspections. 2.4 Amendment of Maintenance Duties. The Parties hereby acknowledge that the Owner Obligations may, from time to time, need to be revised to fulfill Owner's General Duty as required by the changing environmental condition of Bruce Creek and Ramon Creek and the surrounding properties, ar if the testing program set forth herein does not warrant the time or expense involved. Therefore, the Owner Obligations shall be reviewed every five (5) years during the Term and, after such review, may be amended by a written agreement signed by the City and Owner to increase or decrease the obligations set forth herein. If City and Owner fail to 41286388.6 3 Contract No. C28130 agree, City may impose new or modified mitigation measures reasonably necessary to fulfill Owner's General Duty, subject to the Conflict and Dispute Resolution provisions of Section 3. . 2.5 City Ins ep ction. The City may perform quarterly inspections of the Inspection Area. Owner shall reimburse City for the reasonable, documented cost of such inspections, not to exceed the sum of$2,500 per quarter (the "Inspection Cost"). The Inspection Cost shall be increased beginning on January 1, 2013, and every five years thereafter (each, an "Adjustment Date"), by multiplying the Inspection Cost in effect immediately prior to the Adjustment Date in question by a fraction, the numerator of which shall be the CPI (as defined below) in effect on October 31 st of the year immediately proceeding the Adjustment Date in question, and the denominator of which shall be the CPI in effect on the date that is five (5) years prior to the Adjustment Date in question. The term "CPI" shall be defined as the Consumer Price Index for All Urban Consumers for Riverside County published by the Bureau of Labor Statistics of the United States Department of Labor. If the CPI is replaced, the Parties shall use such other cost- of-living index as, in the Parties' reasonable judgment, most closely approximates the CPI. 2.6 Performance Bond. Owner shall post a fifty thousand dollar ($50,000.00) performance bond (the "Bond") with City to secure the performance of the Owner Obligations. Owner shall maintain the Bond in effect during the Term. 2.7 Maintenance Deficiencv. If, in the City's reasonable opinion, Owner has failed to perform any of the Owner Obligations , as from time to time modified pursuant to this Agreement, and/or the current mitigation measures are inadequate to accomplish the General Objective, (collectively "Maintenance Deficiency") the City shall notify Owner in writing of such Maintenance Deficiency("Deficiency Notice"). Within ten (10) days of Owner's receipt of the Deficiency Notice, Owner shall, in writing, (i) agree to remedy the Maintenance Deficiency in a mutually agreed-upon time and manner, or (ii) dispute the City's Deficiency Notice. If the Parties are unable to agree to the timing and/or manner of cure, then the Parties shall resolve the Maintenance Deficiency issue in accordance with Section 3 hereof. If the City believes that the Maintenance Deficiency represents an imminent threat to health and safety of persons or natural resources and/or to preservation of property, the City shall have the right to unilaterally require a cure within a resonable time under the circumstances, pursuant to its general power to abate public nuisances, and without resort to the Conflict and Dispute Resolution process described in Section 3, subject to Owner's right to seek prompt judicial review. 2.8 Cure. If Owner fails to remedy the Maintenance Deficiency either (a) within the time period previously agreed to in writing by the Parties or (b) by the date required in a written decision by the City pursuant to Section 3 stating that the disputed Maintenance Deficiency must be cured, the City shall have the right, but not the obligation, to perform the necessary maintenance to cure the Maintenance Deficiency. In the event the City has performed the work necessary to cure a Maintenance Deficiency, the City shall submit a written invoice ("Initial Invoice") to Owner for all reasonable costs incurred by the City to perform such work, together with a statement that Owner must pay such invoice in full within thirty (30) days of Owner's receipt of the invoice. If Owner disputes the amounts due pursuant to the Initial Invoice ("Initial Invoice Amount"), the Parties shall endeavor to resolve the dispute in good faith. If the Parties are unable to agree on an Initial Invoice Amount, then the Parties shall resolve the dispute in accordance with Section 3 hereof. If Owner does not respond to the Initial Invoice, the City shall submit to Owner a second written invoice ("Second Invoice") stating that the City will draw down the Bond in an amount equal to the reasonable costs due if Owner does not respond within ten (10) days of its receipt of the Second Invoice. If Owner does not respond to the Second Invoice within the ten (10) day period, the City shall draw down the Bond in the amount equal to its reasonable costs to cure the Maintenance Deficiency. 2.9 Lightin Mitigation. Owner shall regulate the lighting at the pavilion, 41286388.6 4 Contract No. C28130 maintenance facility and other golf course buildings, so that lighting is minimized commencing one (1) hour after any such facility has ceased being used for a given day (recognizing that such facilities do not have a uniform closing time, so the cessation of lighting shall vary from time to time and from facility to facility, based upon the usage on any given day of the facility in question). 2.10 Fencin�gation. Owner shall maintain perimeter fencing around the Property. 2.11 Noise Miti a�t�ion. Owner shall use commercially reasonable efforts to control the volume of noise emanating from the Property maintenance facility after the Stone Eagle Golf Course and all areas thereof are closed for the night and prior to the time when they reopen in the morning. Owner shall adopt and enforce policies designed to maintain compliance with the City's noise ordinance. 3. Conflicts and Dispute Resolution In the event there is a dispute in connection with the interpretation of or performance under this Agreement, including without limitation a dispute regarding a Maintenance Deficiency, and the complaining party has provided written notice to the non-complaining party detailing with particularity the claimed dispute (the "Dispute Notice"), then the City and Owner will promptly endeavor in good faith to resolve such dispute. If no resolution can be reached within 30-days of delivery of the Dispute Notice to the non-performing party, or within such other time frame as the parties may mutually agree, then the City shall have the right to unilaterally impose a reasonable cure, subject to Owners right to challenge any such imposition by prompt judicial review. 4. Hold Harmless Agreement Owner hereby agrees to and shall indemnify and hold the City, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damages for personal injury, including death, as well as from claims for property damage or inverse condemnation, which may arise from Owner's or Owner's contractors' subcontractors' agents' or employees operations under this Agreement, the City's approval of the Stone Eagle Golf Course or the City's approval or rejection of any mitigation measures pursuant to this Agreement, whether such operations be by Owner, or by any persons directly or indirectly employed by or acting as agent for Owner. This provision shall survive and continue for a period of one (1) year after the termination of this Agreement. The City shall have the right to select its own counsel to defend it in any indemnified claim unless either (i) Owner is also sued and its counsel can defend all parties or (ii) Owner's insurer requires engagement of counsel other than that selected by the City. In the event of any legal action instituted by a third party or any governmental entity or official arising out of the approval, execution ar implementation of this Agreement (exclusive of any actions brought by Owner) including such actions brought pursuant to the provisions of the California Environmental Quality Act, Owner agrees to and shall cooperate fully and join in the defense by the City of such action and shall indemnify and hold the City, its elected and appointive boards, commissions, officers, agents and employees harmless from any liability for damages, costs or attorneys' fees which may arise from such action. This provision shall survive and continue for a period of one (1) year after termination of this Agreement. The City shall have the right to select is own counsel to represent it any action of the type referred to in this paragraph. 41286388.6 5 Contract No. C28130 5. General Provisions 5.1 Headin�s. Section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning ar interpretation of this Agreement. 5.2 Binding Effect; Successors and Assi ns. This Agreement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective successars and assigns. 5.3 Severabilitv. If any term,provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, unless and to the extent the rights and obligations of any of the Parties has been materially altered or abridged by such holding. 5.4 Covenant Runnin�with the Land. Owner's covenants to maintain the Property in accordance with this Agreement are covenants which shall run with the land, shall bind Owner's successors and assigns and shall remain in effect for so long as the Property is used as a golf course facility. Owner shall only be liable for complying with this Agreement during the time when Owner owns the Property; thereafter, the obligations set forth herein shall be the responsibility of Owner's successor(s) as owner of the Property. 5.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the duly authorized representative of the party against whom enforcement of the waiver is sought. No waiver of any right or remedy in respect of any occurrence ar event shall be deemed a waiver of any right or remedy in respect of any other occurrence or event. 5.6 No Partnership or Joint Venture. The Parties hereto agree that nothing contained in this Agreement shall be deemed or construed as creating a partnership,joint venture, or similar relationship between City and Owner. 5.7 Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 5.8 Notices. Any notice or communication required hereunder between City and Owner must be in writing and may be given personally,by first class United States mail, postage prepaid, or by reputable overnight delivery service which provides confirmation of receipt in writing. Either party hereto may at any time, by giving ten (10) days'written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below: 41286388.6 6 Contract No. C28i30 To City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Director of Community Development With a copy to: Best, Best & Krieger, LLP 74-760 Highway 111, Suite 200 Indian Wells, CA 92210 Attn: Robert W. Hargreaves, Esq. To Owner: Stone Eagle Development, LLC 74001 Reserve Drive Indian Wells, CA 92210 Attn: Tom Cullinan With a copy to: Manatt, Phelps &Phillips, LLP 11355 West Olympic Boulevard Los Angeles, CA 90064-1614 Attn: Timi A. Hallem, Esq. 5.9 Time is of the Essence. Time is of the essence in this Agreement. 5.10 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original. 5.11 Full Size Copies of Exhibits. Twenty-four(24) inch by thirty-six (36) inch copies of Exhibits A-2, B, C and D shall be delivered to and maintained by the City of Palm Desert City Engineer for clarity of review. Reduced copies (8 1/2 by 11 inches) shall be attached to the executed versions of this Agreement. 41286388.6 7 Contract No. C28130 IN WITNESS WHEREOF, City and Owner have entered into this Agreement as of the date first written above. DECLARANT: STONE EAGLE DEVELOPMENT, LLC, a Delaware limited liability company By: LOWE STONE EAGLE CORPORATION, a California corporation, Manager of Stone Eagle Development, LLC, a Delaware limited liability company By: Ted Lennon, President of Lowe Stone Eagle Corporation, a California corporation By: Name: Title: [signatures continued on next page] 41286388.6 $ Contract No. C28130 CITY: CITY OF PALM DESERT, a California municipal corporation By: Jean M. Benson, Mayor ATTEST: By: Rachelle D. Klassen, City Clerk APPROVED AS TO LEGAL FORM: BEST, BEST &KRIEGER, LLP By: David J. Erwin 41286388.6 Q EXHIBIT A-1 [ATTACH LEGAL DESCRIl'TION] 41286388.6 10 EXHIBIT A-1 PROPERTY DESCRIPTION STONE EAGLE MAINTENANC�AGLZ�EMENT TEiB STONE EAGLE GOLF COURSE(TNE"PROPERTY")TS LOCATED IN THE COLTNTY OF RIVERSIDE, STATE OF CALIFORNlA, WHiCH"PROPERTY"IS MOiZE PARTICULACtLY DESCRIBED AS: LOT"A"OF TRACT 30438-1, €tECORDED ON �'EBRUARY 25,2004,IN BOOK 35 OF MAPS, PAGES [-4,OFI'ICE OF THE COUNTY RECORD�R OF RNBRSTDE COUNTY,CALIFOI.�.NTA. EXHIBIT A-2 [ATTACH PROPERTY DEPICTION] 41286388.6 11 NW CORNER NE CORNER LOT 'C" L07 'B' � OPEN SPACE OPEN SPACE � � w � � � . o 00 �� o � E '� ° 25 :���,� �'°�tfi � � y = � � N ��(; 3 �ONf�`fJ"". O O � 0 M M O �O LO�PEN SPACE ° '. 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Gene�al Minerals ikalinit -Hicarbonate NA >20 NA Lower fimit is ihe Ikafinit -Carbonate NA >20 NA sum of all three Ikalinity-Hydroxide NA >20 NA types of alkatinity Conductivity(S ecifcConductance) 900 umhoslcm NA NA SWIGL To4al Dissolved Solids 500 m !I ED NA SMCL MBAS 0.5 mg/l NA NA SMCI pH 6.5 to 8.5 pH units 6,5 to 9 H units NA Ma or Cations Cafcium NA NA NA Sodium NA NA NA Potassium NA NA NA Ma nesium NA NA 1JA ' Anions Chloride 250 mgA 230 mg/l NA SMCI. Fluaride 2 to 4 mgi! NA NA PMCL Nifrate(as NO3) 45 mg/E NA NA PMCL Nitrite(as N) 1.D mgll NA NA PMCL Phosphate NA NA NA Sulfate 250 fo 5Q0 m !I NA NA SMCL to PMC� Notes: PMCL=Primary Maximum Contaminant Level SMCL=Secondary Maximum Contaminant Leve! Owner shall mitigate nitrate and toxin levels in Bruce CreeK to 3evels which do not exceed the levels forAquatic Life Protection as shown above.The levels for Drinking Water Limits are shown for reference,onfy. CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT DfRECTOR'S HEARING REPORT SUBJECT: Stone Eagle Golf Course Impacts DATE: January 17, 2008 CONTENTS: Water quality laboratory analysis reports Water quaiity biaassay Repo�t firom aquatic ecotoxicologist Report from veterinary toxicologist Minutes of 05-17-07 Director's Hearing Staff report dated 05-10-07 with a#fiachments The City of Palm Desert has received a number of complaints regarding impacts from the Stone Eagle Golfi Course project. Through detailed investigation and application of mitigation measures, many of fhese complain#s have been resofved. However, three serious issues have required further investigation and are the subject of this report. 1. Runoff into Bruce Creek Bruce Creek is a blue-line stream within the jurisdiction of the U.S. Army Corps of Engineers. Residents and the project EIR have indicated that Bruce Creek was histarica[ly dry except during periods of heavy rainfall. Since completion of the golf course, water has been visibly and continuously flowing in Bruce Creek. Staff has performed a num6er of field reviews and has found that water does indeed enter Bruce Creek from the golf course; however, water associated with the existing residential development was also observed flowing from tributaries to Bruce Creek. This water in the tributaries is Eikely the result of landscape irrigation systems as well as upstream construction activity. Residents have installed variaus improvements and made modifications to the creek including construction of swimming paols, dams, channels, and the like. Due to long-term human activities Bruce Creek can in no way be considered a pristine environment. Golf course irrigation runoff enters the creek by seeping through the canyan walls as we(I as by periadic surface flows. Residents have aileged that water in Bruce Creek has resulted in the proliferation of mosquitoes and non-native plant species. In response, Stone Eagle has periodically removed �he intrusive vegetation on those properEies to which they have been granfied access. Staff Report for Stone Eagle Qirector's Hearing 01-17-08 In addition to the investigation and mifiigation measures identified in the May 10, 2007 staff report, a highly detailed water quality analysis requiring the expe�ise of nine laboratories was performed. The results of this analysis were interpreted by aquatic ecotoxicologist Dr. Daniei Schlenk of UC Riverside and by veterinary taxicologist Dr. Robert Poppenga of UC Davis. The results of the water quality testing indicate that the water is well within accepted parameters for a creek. The water quality data has also been forwarded to all interested parties including affected residents, the developer, the California Regional Water Quality Control Board, the California Deparfiment of Fish and Game, and the Coachella Valley Mosquito and Vector Control District, for fheir review. Having carefully evaluated runoff into Bruce Creek and having consulfied with various experts, it is the opinion of staff that the project conforms to the environrnental impact report, the conditions of appraval, and the applicable city codes. However, the volume of water does present the potential for unwanted vegetation growth and mosquito breeding; therefiare, staff recommends that the fo[lowing additional mitigation measures be imposed on the project: 1. Stone E�gle shall perform weekly inspections and maintenance of ._ retention pond and pump and provide quarteriy reports to the Director of Community Development. 2. Stone Eagle shall perform monfihly inspectians of Bruce Creek (subject to permission to enter private properties); remove non-native plant species and potential mosquito-breeding sites, and provide written reports to the Director of Community Development. The Public Works Department will perfdrm quar�erly inspections at the expense of Sfone Eagle. 3. Stvne Eagle shall perform annual water quality biaassays in Bruce Creek by a City-approved laboratory and provide a written repor� to the Director of Community Development. Stone Eagle shall be responsible to manage and mitigate nitrates and toxins in Bruce Creek, to levels acceptable to the various agencies with jurisdiction in this matter. 4. Stone Eagle shall post with the City of Palm Desert a $50,000 cash deposit to be used in the event of non-performance by Stone Eagle. 5. Stone Eagle shall enter into a mainfienance agreemenfi with the City for Stone Eagle's management of non-native vegetation and pest contral. 2. Golf Course Road Residents have indicated that the di�t road along the perimeter fencing is unnecessary and unsightly, and creates a PM-10 hazard. Stone Eagle has indicated that portions of the perimeter road are necessary for equipment and vehicle access and could be used by emergency response persannel if needed. Residents have noted that the perimeter fence is of chain-link material rather than the wrought iron ma�erial identified in the EIR. The chain-link fence is preferred by the Depar�ment of Fish and Game due to the potential far bighorn sheep to be caught in the wrought iron. Therefore, the City administratively approved #he use of chain-link material. G:IPubWorkslLand Developmenll(TR)7racIslTR 3043H1RESIDFN7'CONCERNSIMeetrngS101-17-08 Direcfor's Nearingl01-f7-08 Sfone Eaflfe Sfa/f Repori.doc Staff Report for Stone Eagle Director's Hearing 01-17-08 Stone Eagle has renaturalized the perimeter road as requested by staff. The Director of Community Developmenfi has recenfily performed inspections of the site and has determined that the road renaturalization is acceptable. 3. Snack Bar Lighting 1t has been noted that the snack bar lights are left on when not needed at night. Staff has observed that the snack bar lights are visible late into the night. Staff recommends that Stone Eagle be required to instafl timers on the snack bar lighting to extinguish them in a timely manner when not in use. As the Stone Eagle Golf Caurse came into operation, nearby residents raised a number of serious concerns regarding the project. Staff has thoroughly evaluafied each of the cancerns and taken actions to ensure campliance with applicable codes and regulafiions. Therefore, staff recommends that, upon conclusion of the above items, the work be deemed complete and that the process to release the bonds be commenced. _. .,, , .1--f`".. ' --�-'� . ..�.._..,__._f.� Mark Greenwood, P.E. Lauri Aylaian Director of Public Works Director of Community Development rani G:U'ubWorkstLartd Developmenll(TR)7raclsVTR 304381RESfDENT CONCERNSUNeetings101-77-08 Direclar's Hearingl01-17-08 Stane Eagle Sla/fRepoK.doc Stone Eagle Director's Hearing 01-17-08 3:00 PM Administrative Conference Room Assistant City Attorney Robert Hargreaves began the meeting at 3:00 by stating this was a continued Director's Hearing with Stone Eagle for compliance with the conditions of development. Mr. Hargreaves stated that we would make introductions and present the staff report, and then he would open the meeting. Persons in attendance introduced themselves: Bob Hargreaves,Assistant City Attorney, City of Palm Desert Lauri Aylaian, Director of Community Development, City of Palm Desert Spencer Knight, Landscape Services Manager, City of Palm Desert Tim Bartlett, Property Owner, Cahuilla Hills Mark Fisher, Staff Biologist, UCR/Boyd Deep Canyon Dr.AI Muth, Biologist, UCR/Boyd Deep Canyon Kris Schulze, Stone Eagle Terry Cechin, Public Works Inspector, City of Palm Desert Christina Canales,Assistant Engineer, City of Palm Desert Mark Greenwood, Director of Public Works, City of Palm Desert Debra Lee,Administrative Secretary. City of Palm Desert Shawn Kilpatrick, Code Compliance, City of Palm Desert Phil Joy,Associate Transportation Planner, City of Palm Desert (Note: Shortly after introductions were made and the meeting progressed to presentation of the staff report, other participants arrived according to the sign-in sheets:Antoinette Carver, Peter Scheer, and Ted Lennon. Present at the meeting but not on the sign-in sheet were Cahuilla Hilis resident Jerry Meintz, and John Criste of Terra Nova.) Mr. Greenwood presented the staff report by stating the following: Concerns arose from Stone Eagle Golf Course project. The biggest concern that remains to date is water runoff from Stone Eagle irrigation into Bruce Creek, and the resulting issues. At the request of residents adjacent to the golf course,the City has done an extensive investigation and procured expert analyses including, as relates to the water quality issue,the use of 9 different laboratories to obtain highly detailed water analyses. The results of these analyses were sent to aquatic ecotoxicologist Dr. Daniel Schlenk at UC Riverside, and to veterinary toxicologist Dr. Robert Poppenga of UC Davis. The results indicate that the water quality is well within acceptable parameters for creek water. Toxicology says the water is safe and healthy for aquatic and mammal life. There remains a concern about potential ponding and,therefore, mosquito breeding as water ebbs and flows. There is also a concern for the potentially rampant growth of non-native species of plants. Staff developed five specific mitigation issues as were outlined in the staff report, and Mr. Greenwood read the five mitigation issues aloud, although not verbatim. Stone Eagle has requested that these conditions be reviewed every five years for adequacy, and staff agrees with this request. It is possible that these measures might not produce the desired results; it is also possible that these measures may not be needed in order to achieve the desired outcome,which would result in a waste of money. As to the issue of the golf course perimeter road, Stone Eagle has renaturalized it. Inspections were performed within the past week and it has been found to be effective and adequate; no additional mitigation measures are recommended for this issue As to the issue of the lighting remaining on at the snack bar, at night, Mr. Greenwood commented that he has personally observed this and that it would be easily remedied by the installation of timers. Upon completion of the mitigation measures and successful execution of an agreement for future performance, staff recommends that the project be finalized and the bonds be authorized for release. Mr. Hargreaves asked if the developer's representatives wanted to comment. Mr. Schulze asked Mr. Greenwood if there is a time when the snack bar lighting should go off. Mr. Greenwood responded that should be "whenever activity ceases." Mr. Schulze said the developer is agreeable to the recommendations as proposed, and that the developer's attorney is currently working with the City Attorney to write an agreement. Mr. Hargreaves stated that there has been no drafting yet,that they are in the talking phase, but that they have made contact. Stone Eagle Director's Hearing Meeting Minutes 01-17-08 Mr. Hargreaves stated that the concept is to take what comes out of this hearing and reduce it to an agreement that will be recorded against the property, with guidelines going forward and the ability to change things in the future if needed, and to make the instrument enforceable with an ongoing assurance that issues will be addressed. Mr. Hargreaves then opened the meeting. Mr. Bartlett stated that Nancy Scott regrets she is unable to attend this meeting and asked to distribute a document on her behalf to be read into the minutes. The document was titled "Response to Director's Hearing Report Dated Jan. 17,2008." Mr. Hargreaves asked Mr. Bartlett to summarize it, stating that he was not interested in reading it but that we will make copies available to anyone who is. Mr. Bartlett stated that the following are his own comments and that he would like to ask for clarification regarding which building is referred to as the snack bar,the one with the lights. He said that if iYs the building where they serve lunch, that's the "Bar and Grill," but if it's on the turn between the 9�h and 10tn holes,that's the"Pavilion." Mr. Schulze stated that the one with the lights is the"Aerie." Mr. Bartlett said he thinks there are lights on in all the facilities at night, and that although he can't see the light in the new maintenance facility he can see the glow of it in the night sky. Mr. Bartlett said this was not worthy of discussion, and he thought that the"performance standard"was worthy of discussion. Stating that the report says"removal," he asked "What is the standard, what would we observe?" Mr. Hargreaves said, "Avoid unreasonable impacts to biological resources and downstream residents." Mr. Bartlett said that, so far, the"removal of unwanted vegetation" has consisted of pulling up only some of it, and then just leaving it there to dry up and create a fire hazard. Mr. Bartlett held up several gallon-sized zipper-type clear plastic bags and said he had brought samples of the vegetation consisting of moss, algae, and weeds,to show and asked that the group compare it to the one empty bag containing what was growing there before the Stone Eagle development. Mr. Bartlett said that what Mr. Hargreaves had said was encouraging and it sounded good. He stated that the quality of the water concerns him,that it is his understanding from the discussion at the last hearing that the water testing would be done independently of the developer—not using his sampling and water testing people so that it wouldn't be under his control—and that Mr. Bartlett wonders if that was the case because after the first set of results the Stone Eagle group had flushed out the canyon with enough water to create "white water"and that it"seems that reduced the effects of the water testing." Mr. Bartlett stated he had read through the one hundred-or-so pages of the report and that it seems like a lot of the testing was inconclusive, that a lot of variables were not met. Mr. Bartlett stated that he had gone to the EPA website where they have listed specific things to look for that they feel are appropriate to test for, and he began to read from the list but stopped after three or four names because of the difficult words. Mr. Bartlett stated, "I took this off the EPA website regarding water testing"and submitted a printed e-mail to Ms. Lee. Mr. Bartlett stated that his dog becomes violently ill every time she goes down to the creek,that he found a dead coyote under the bridge and that he had heard from neighbors that they also found a dead coyote in the creek area. He said he also found a dying duck and dead frogs, He stated that the dead coyotes is odd,that he has heard from people who've lived there 20 years who say the coyotes no longer use Bruce Canyon as a thoroughfare as they used to. Mr. Bartlett stated that the coyotes try to find water at the most convenient source, and that obviously a running stream would be such a convenient source, yet the people say they have recently found coyotes in their yards drinking out of chlorinated and saltwater pools which is apparently not normal, and that based on observations it seems the water in the creek may contain something thaYs harmful. Mr. Bartlett said he had witnessed coyote scat that was, for a few months, more like a tarry substance than normal coyote scat which is dry like a granola bar. He asked if, in fact,the water is fine, why the developer wouldn't want to recapture it since water is so precious now, and pointed out that if you add up the distance between the two creeks they total about a mile in length (0.6 mile for Ramon and 0.4 for Bruce)and that they both percolate into the sand near their lakes, so that it seems it would be simple to capture that water it and put it back into the lake? Mr. Bartlett stated that he believes the water is percolating into the sand and entering the Palm Valley Storm Channel, but the Director of Public Works says thaYs not the case, and if thaYs true then iYs percolating into the drinking water unless iYs going somewhere else, and that he hopes iYs going into the Channel. The water Page 2 of 4 Stone Eagle Director's Hearing Meeting Minutes 01-17-08 increases at night; so does the runoff and so does the Palm Valley Storm Channel. Someone alerted Code Compliance that there's a lot more water. Mr. Bartlett stated that he has found areas in the concrete-lined channel that could be mosquito habitat, and that the Ramon Creek pipe is percolating up out of the ground.They're using contaminated water to begin with so if they don't want to capture it, Mr. Bartlett can understand. Mr. Bartlett then stated that"the problem we have is the effects of the water" and that even if iYs pure water, the effect it has on the environment has changed his enjoyment of the property, but that perhaps the statement relative to unreasonable mitigation will take care of it. Mr. Bartlett further stated that he has noticed significant erosion,that"we've probably lost 6 to 8 inches of soil or rock, side and bottom of channel,"that he heard from Katie Burrows that channeling of the wash would be unfeasible,which Mr. Bartlett found interesting because they actually did hire a guy and dug out a channel that has helped to keep water moving, and that they, the property owners, have been generous in offering to accept a gutter of contaminated water, contaminated water running on their property on a regular basis. Mr. Bartlett said that the comment that Fish and Game would never allow it, he didn't know about that, because they created a stream, so to say that lining the channel using native material would be an environmental disaster seems to be in conflict and seems ridiculous. In the staff report there's talk about the property owners of Cahuilla hills contributing to the water runoff. They say there is an approximate 100-gallon effluent per person per day; at 2,700 residents (an overestimate),that is 270,000 gallons per day compared to the millions of water"they" contribute, and that the day that they used hydraulic cement to put in the liner,they created a permanent seal between the rock and the liner, and the following day water started coming around the 'Y.' [Note:At this point Mr. Bartlett had been speaking for approximately 20 minutes.] Mr. Hargreaves interrupted Mr. Bartlett and asked if he can wrap his comments up soon. Mr. Bartlett asked to read a document he had with him, stating that most of it was submitted at the last director's hearing but he believes it wasn't actually heard but rather submitted as an exhibit. Mr. Bartlett stated that the City has not acted in good faith, but that since he has submitted the document before, he supposed he was finished. Mr. Hargreaves stated he wants a synopsis of substance rather than details. Mr. Hargreaves asked the biologists (Dr. Muth and Mr. Fisher) present if they had reviewed the water quality reports,to which they answered that they had "looked it over" and that the general summary stated from a toxicology standpoint was that the water was perfectly safe to drink and that the presence of water fleas indicates a healthy ecosystem. Dr. Muth stated that they could not speak to protocol and lab chosen, but that it was their impression that the creek is a recovering habitat. Mr. Criste asked if Dr. Muth knew the people at UC Davis and UC Riverside and Dr. Muth said that he does not know Dr. Poppenga nor Dr. Schlenk. Mr. Greenwood highlighted the sampling and testing process,stating that to ensure impartiality the City issued a Request for Proposals to the public and to a number of laboratories, requesting assistance in performing water quality analysis. The City received a couple of proposals and selected Surabian Ag Laboratory and Consultants, Inc. as the sampling lab and distributor of the samples, based on cost. The City is not aware that they have had any involvement with Stone Eagle and it wasn't part of the selection process to ascertain that. Surabian Labs sent the water out for testing. Because of the detailed nature of the testing requested, it was circulated to seven other labs because of the expertise needed. The summary lists what the critical levels are of the various constituents and what the found levels were, and all were within the acceptable range for creek water; it is not to drinking water standards but it is not dangerous. In addition,they tested for pesticides,fungicides, and herbicides with the exception of "Monument." Because"Monument" is not known to be dangerous, no protocol exists for testing for its presence. The test for"Revolver°was inconclusive because of potential interaction with Monument. Some chemicals were present but because there is no protocol there's no evidence that the water is dangerous. The results were sent to an aquatic ecotoxicologist from UCR who reviewed the results and indicated that he wanted one more level of testing, so a bioassay was performed. Residents were notified of the testing and invited to watch, and some did watch the samples being taken and the labels applied. Mr. Bartlett interrupted to state that one resident was invited. Mr. Schulze stated that Ms. Scott,who was present at the sampling, stated at that time that Mr. Bartlett was out of town, and that Mr. Davenport was also present at the sampling. Mr. Greenwood continued by saying that the bioassay was completed and Page 3 of 4 Stone Eagle Director's Hearing Meeting Minutes 01-17-08 the report was that the water was healthy. The veterinary toxicologist also returned a report that the water was healthy. Mr. Knight stated that the laboratories involved were very careful about their protocol,which is why this process took such a long time. Dr. Muth asked to comment on the bagged plants that Mr. Bartlett brought. Holding up a bag he stated that one plant was a seedling tamarisk,that they sprout quickly,that he has observed a few of them down at the"big drop-off" in Bruce Creek, and that they will have to be repeatedly removed because they can't be gotten rid of. Dr. Muth identified another plant as papyrus and said they did not see this plant the last time they came down through there, so he thinks it is a recent invader. He stated that the rest of the plant material appears to be native. Dr. Muth said that willows, cottonwoods, sedges, and arrow weed are to be expected and are desirable. He stated that if you look closely in one bag you see aquatic beetles, which is a sign of normal material and indicative of a good healthy ecosystem. Dr. Muth stated that algae is good thing to have. Mr. Criste asked whether there were other insults to the creek that were not caused by the golf course and if so,would they be remediated. Mr. Hargreaves responded that there will be a maintenance agreement that sets as a general standard that the golf course will be required to mitigate only the impacts from the water from the golf course, and that staff has prepared the mitigation measures. There will be an ongoing review and the ability to address the undetermined aspects of the agreement—for example, if it becomes a mosquito problem according to the mosquito abatement district,then remedial action will be taken against that. Mr. Bartlett asked if that were meant to be at any time, or after five years, and Mr. Hargreaves answered that at any time a problem is recognized it will be remediated,they won't wait five years if there is a problem identified. There will be a strategy, but if something comes up that wasn't identified then we have the ability to reopen the process and address it. The elaborate testing appears to be adequate but if it appears we have a water quality problem it will be addressed. Mr. Shulze asked who will define "unreasonable impact." Mr. Hargreaves answered that it will be at the discretion of the Director of Public Works to make that determination, and if people aren't happy with his decision it can be litigated but the important thing is to take what comes out of this process and develop an agreement that will be shared with everyone before iYs executed. Ms. Carver asked if the agreement would remain in effect should the project be sold and Mr. Hargreaves stated that the agreement will be recorded against the property and whomever owns it will be responsible for it.The ultimate sanction will be to shut off the irrigation,which will be a strong incentive for compliance. Ms. Carver commented that Stone Eagle has done an excellent job of stemming the flow of water into Ramon Creek. Mr. Hargreaves stated that he is inclined to find as staff recommends and that upon entering into the (future)agreement the City will find the project in compliance and move forward. Mr. Hargreaves stated that he appreciated everyone's participation and that the agreement will be circulated for comment before the City enters into it, and that the meeting was now closed. Mr. Bartlett asked if he may ask one question before the meeting was closed and Mr. Hargreaves said he could. Mr. Bartlett said that the residents were told that a final wouldn't be given until the matter was resolved. Mr. Greenwood stated that the finals have been withheld and will continue to be withheld until these conditions are in place and enforceable. Mr. Bartlett ask who"everyone" is when Mr. Hargreaves said that everyone will see the agreement prior to its finalization and Mr. Hargreaves replied that "everyone"was everyone on the distribution list, including Mr. Bartlett. Mr. Hargreaves closed the meeting at 3:56 PM. Minutes recorded by Debra Lee. Page 4 of 4 BEST BEST & KRIEGER ATTORNEYS AT LAW March 3, 2008 Memorandum To: Mark Greenwood CLIENT-MATTER NO.: 72500.00677 Director of Public Works CITY OF PALM DES FROM: Robert W. Hargreaves, ssi Attorney RE: Stone Eagle: Reco�nmendation Af1er Director's Hearing BACKCROUND The Stone Eagle Golf Course Project has been under construction and review for several years. Stone Eagle has requested that the City accept the Project as complete, and that the bonds be released. A number of issues have been raised regarding compliance with the conditions of approval, the mitigation plan in the EIR, and city codes and state statutes. Several neighbors have axpressed concern. In order ta facilitate input into the decisian making process, and to have an open discussion of issues of public concern, you appointed me to serve as hearing afficer, to take public testimony and to make a recommendation. Pursuant to that appointment, public hearings were held on May 17, 2007 and January 17, 2008. Numerous reports and letters have been received, as well as substantial public testimony. I have summarized below my findings, the evidence supporting those findings, and my recommendations. RECOMMENDATION I recommend that the Project be received as complet�, upon execution and recording of a maintenance agreement that will ensure an ongoing program of adaptive management to address potentially harmful effects of water discharges from the Project as well as other potential on-going issues. Particular aspec#s of the recommended maintenance program are included below. YSSUES APID FINDINGS 1. Run-Off into Bruce Creek. A. Findings (1) The Project does cause subsurface drainage into Bruce Creek that currently causes appreciable and continuous water flows in the Creek, that did not exist in a natUral condition. RM PUB\RHARGREAV ES1292742.5 BEST BEST & KRTEGER ATTORNEYS AT LAW • It is not seriously contested that flows from the golf course project are the principal current source of ongoing flows in the Creek. There is evidence that other adjoining properties contribute to flows in Bruce Creek, at least on an intermittent basis. (2) The flows in Bruce Creek do not cunently have a significant deleterious impact on the public health, safety, or welfare, and are not injurious to the natural environment, nor to adjacent properties. • There is testimony from several biologists that the Creek is a healthy eco-system that does not threaten natural habitat values. • Extensive water quality testing was performed. Aquatic and mammalian toxicologists opined that the water is not injurious to aquatic or terrestrial life. • State regulatory agencies, such as the Regional Water Quality Control Board, and the State Department of Fish and Game,have inspected the Creek and have not initiated any regulatory actions. • NeighbQr reports of toxicity of water to dogs and coyotes are not confirmed by either water quality testing or biologists. • Non-native vegetation can be controlled by an on-going maintenance program. {3) Neighbor Reports of Extensive Mosguito Infestations are Not Confirmed by Responsible Agencies. • Representatives of the Caachella Valley Mosquito and Vector Control District have inspected the Creek at various times and have concluded that although the potential for mosquito breeding exists, the current management efforts have been effective in controlling the problem. The District will continue to monitor and address problems if they arise. (4) Ongoing management of the creek environment will be necessary to ensure that deleterious impacts do not arise. � CVMVCD indicated that Bruce Creek posed a potential for mosquito breeding habitat and needs to be carefully monitored and contralled. • Biologist opined that ongoing control of non-native vegetation will be necessary to reduce vegetation and maintain the free-flowing nature of the Creek. - 2 - RMPEJBIRHARGREA VES1292742.5 BEST B�ST & KRIEGER A'CIORNEYS AT Le1W (5) Channelization of the creek is not a feasible alternative. • Channelization would require permits from the Army Corps of Engineers, and the Califomia Department of Fish and Game,which would require extensive studies and would not likely be granted. • Channe�ization would likeIy negatively impact natural values of the stream. (6) Flows into Ramon Creek have been effectively eliminated, but will continue to be monitored. B. Recommendation (1) Stone Eagle be required to enter into and record against the golf course property a maintenance agreement committing the owner to implement mitigation measures reasonably required by the City to ensure that the drainage flows from the golf course into Bruce and Ramon Creeks do not cause injury to biological resources or adjoining property owners. The initial mitigation plan shaIl require: (a} Stone Eagle shall cause weekly inspections to be made of the retention ponds and pumps in Bruce and Ramon Creeks, and shall cause any required maintenance to be performed so that such facilities can serve their intended purpose. Stone Eagle shall provide the City with quarterly reports, addressed to the Director of Community Development, setting forth the dates of such inspections, the observations made during the inspections and any actions taken; (b) Stone Eagle shall: {i) cause monihly visual inspections of Bruce and Ramon Creeks (subject to permission to enter private properties); and (ii) cause (x) the removal of non-native plant species, and (y) the remediation of potential mosquito-breeding sites. Stone Eagle shall provide wrifiten reports to the Director of Community Development of observations made and actions taken. The Public Works Department will perform quarterly inspections at the expense of Stone Eagle; (c} Stone Eagle shall cause annual water quality bioassays to be taken in Bruce Creek by a City-approved consultant and shall provide a written report to the Director of Community Development. There is no intent to improve the quality of the water in the Creek (which is not potable) in excess of the quality that would exist without artificial drainage from the goIf course, or in excess of the quality necessary to ensure that drainage from the golf course does not cause injury to biological values or adjoining property owners. Stone Eagle shall be responsible to manage and mitigate nitrates and toxins in Bruce Creek, to levels acceptable to the City. Stone Eagle shall not be responsible for any mitigation of nitrates and toxins which are contributed by other property; (d) Stone Eagle shall post with the City of Palm Desert a$SO,OOU bond to be called in the event of non-performance by Stone Eagle; - 3 - RMPUBUtHARGREA VES1292742.5 BEST BEST & KRIEGER ATTORNEYS A'C LAW (e) Stone Eagle shall enter into a maintenance agreement with the City for Stone Eagle's management of non-native vegetation and mosquito vector control. 2. Golf course perimeter fencing and road. A. Findings (1) Stone Eagle has adequately addressed concerns regarding the re-naturalization of the perimeter road to the satisfaction of the Director of Community Development; (2) Permanent fencing was originally required to be wrought ixon, but was modified with the approval of the Director of Community Development, upon recommendation from the Department of Fish& Game,that chain link fencing was preferable to protect the bigharn sheep. B. Recommendation (1} Maintenance agreement shall require adequate maintenance of fencing. 3. Access to adjacent property. A. Findings (1) This is a private dispute between adjoining property owners that does nat implicate Stone Eagle's compliance with the City's conditions for approval. (2} Issues with respect to the trail are within the jurisdiction af the City, and have been addressed. 4. Maintenance of debris basin. A. Findings (1) Installation of gasoline-powered pumping system to dewater the basin has proven to be an effective alternative to the originally-required, but likely more damaging, subsurface drainage system. B. Recommendation (1) Maintenance agreement will ensure ongoing maintenance of basin and pumping system, and ensure that pumping complies with City sounc3 ordinances. 5. Temporary equipment pad. A. Findings (1) Neighbor complaints have been addressed by removal of equipment and temporary storage area, and installation of a berm. -4 - RMP UBIRHARGREA VE S1292742.5 BEST SEST & KRIEGER ATTORNEYS AT LAW 6. Golf course exceeded average acreage of turf. A. Findings (1) There is no evidence to substantiate this concern. 7. Water source for golf caurse irrigation. A. Findings (1) There is no requirement in the conditions of approval that potable water be blended with non-potable water sources to manage nitrate levels, and any such blending would be wasteful of higher quality,potable water supplies. 8. Snack bar. A. Findings (1) Snack bar did receive architectural approval from the Community Development Director. (2) Snack bar lighting after hours has been a problem. B. Recommendation: Stone Eagle shall install timer to regulate lighting, so that it shall be extinguished or shielded within one hour after dark. Maintenance agreement will provide fox ongoing review of lighting issues. 9. Maintenance Building. A. Findings (1) The former Community Development Director reviewed and approved the Maintenance Building at staff level and no further review was wananted. (2) Landscape planting and re-naturalization adequately addressed concerns regarding screening. B. Recommendation (1) Maintenance agreement will require mitigation of nuisance (after hour} lights and noise at this facility. 10. Comfort station sept're systems. A, Findings (1) Comfart station septic systems have been appropriately approved. (2) Additional screening has been added to address visual impacts. - S - R M PUBV2HARGREAV ES�292742.5 SEST BEST & KRIEGER ATTORNEYS AT LAW 11. Residential pads. A. Findings (1) The grading of residential pads did conform to approval of Director of Community Development and reguirements of Army Corps of Engineer permit. The final grading plan disturbed significantly less natural hillside than was originally approved. 12. Archeological sites. A. Findings (1) There is no evidence that archeological sites were destroyed during grading. C�NCLUSION Stone Eagle shall be required to enter into and record a maintenance agreement that will provide: (a} Stone Eagle shall have a continuing duty to mitigate impacts to Bruce and Ramon Creeks caused by golf course run-off and drainage in a manner that avoids unreasonable impacts to biological resources or adjoining properties. The mitigation plan shall initially include the steps outlined below, but may be arnended by the City, in consultation with owner and other interested parties, as necessary from time-to-time,to address the evolving situations in the Creeks. (b) The initial mitigation operation plan shall include: (1) Stone Eagle shall cause weekly inspections to be made of the retention ponds and pumps in Bruce and Raman Creeks, and shall cause any required maintenance to be performed so that such facilities can serve their intended purpose. Stone Eagle shall provide the City with quarterly reports, addressed to the Director of Community Development, setting forth the dates of such inspections, the observations made during the inspections and any actions taken; (2) Stone Eagle shall: (i) cause monthly visual inspections of Bruce and Ramon Creeks(subject to permission to enter private properties); and (ii) cause {x)the removal of non-native plant species, and (y) the remediation of potential mosquito-breeding sites. Stone Eagle shall provide written reports to the Director of Community DeveIopment of observations made and actions taken. The Public Works Department will perform quarterly inspections at the expense of Stone Eagle; (3) Stone Eagle shall cause annual water quality bioassays to be taken in Bruce Creek by a City-approved consultant and shall provide a written report to the Director of Community Development. There is no intent to improve the quality of the water in the Creek (which is not potable) in excess of the quality that would exist without artificial drainage from the golf course, ar in excess of the quality necessary to ensure that drainage from the golf course does not cause injury to biological values or adjoining property owners. Stone Eagle shall be responsible to manage - 6 - R M PUBIRHARGREAV ES1292742.5 BEST BEST & KRIEGER nrroxn�s nr i.nw and mitigate nitrates and toxins in Bruce Creek, to levals acceptable to the City. Stone Eagle shall not be responsible for any mitigatian of nitrates and toxins which are cantributed by other property; (4) Perimeter fencing shall be maintained in a serviceable and esthetic condition. (5) Debris Basin shall be maintained and pumping system sfiali conform to the City's noise ordinance. (6) Lights from snack bar, maintenance facility, and other golf course facilities shall be regulated to prevent lighting after dark when facilities are not being used. {7} Additional screening shall be added, if necessary, to effectively screen comfort stations. � (8) ' Stone Eagle shall post with the City of Palm Desert a $SO,aao bond to be called in the event of nan-performance by Stone Eagle; {c) The Agreement shall provide the ability to reopen the mitigation review process should problems arise, and require review of the mitigation program as a whole at least every five(5) years. (d) The Agreement will provide a dispute resolution process and remedies and sanctions sufficient to ensure adequate mitigation. RWH:dm cc: David J. Erwin, Esq. - 7 - RM PUBUtHARG REAVE51292742.5 STONE EAGLE RUN-OFF Director's Meeting CONTACT LIST Developer: Ted Lennon TlennonCa�loweenter�rises.com Kris Schulze kschulzeCa�loweenterprises.com John Criste icristeCc�terranovaplanning.com Developer contacts who were not sent notification: Nizar Farhat nfarhatCa)loweenterqrises.com Bill Munson bmunsonCa�loweenterprises.com Scientists: AI Muth deepcanyonCa�mindspring.com Mark Fisher sandlizardsCa�mindspring.com Water and other agencies: Doug Wylie dwylie@waterboards.ca.qov John Carmona icarmonaCa�waterboards.ca.gov Rod Chamberlain rchamberlainCc�cvmvcd.org Steve Bigley sbigleyCa�cvwd.org Kim Nicol knicolCa�dfg.ca.gov City: Terry Cechin tcechinCc�ci.palm-desert.ca.us Phil Joy pjoy@ci.palm-desert.ca.us Lauri Aylaian I�laian@ci.palm-desert.ca.us Bob Hargreaves Robert.hargreavesCc�bbklaw.com Mark Greenwood mgreenwoodCc�ci.palm-desert.ca.us Hart Ponder hponderCa�ci.palm-desert.ca.us Shawn Kilpatrick skilpatrickCa�ci.palm-desert.ca.us Earth Systems Southwest: Craig Hill 345-1588 chillCa�earthsys.com Scot Stormo sstormo(a�earthsys.com Residents: Peter Schear Peter(a�miraaecenter.com Nancy Scott TRYLIFE2Ca�aol.com Toni Carver cuentista@dc.rr.com Bill Carver carvermgmtC�msn.com Tim Bartlett bartlettcC�aol.com Janice Wood icw4257.1Ca�juno.com Piero Pierattoni pierop@earthlink.net Doug Hart doughCa�sprinasclub.com The following affected residents were not contacted because we have no e-mail address for them. For previous meetings we had sent notifications in the U.S. mail. None of these residents ever appeared at any of the meetings. Jim Richards Gordon & Ruth Dewitte Craig Davenport Craig Reisfield AUG - 6 2008 • 1 • • • • • • • • • • . -. • • • Asa , t 31 _. _ - J L : 4:_ • • W r Z W W Q W 0 z Q z uJ Z W a. 7 a. ouJ z� COoU z ,, Wll- <E zo: 0 W Z I 1 cn a 0 a air�.•a�. =—" �.� 'I2NNVH3 . A IVA WJYd .. 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