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
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MAtNTENANCE AGRE�MENT
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STUN� EAGLE GOLF GOURSE
NOT TO SCALE PROP�RTY �EPICTION
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EXH(BIT D
Proposed �aboratory Testing Program
Test Drinking Water Limit(for AquaUc life Protectian Aquatic Toxicity Notes
reference onl f
Bioassay
Aquatic Toxicity-96 Hour Acute
Ceriodaphnia Survival Bioassay NA NA 90%Surviva!
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.
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Mark Greenwood, P.E. Lauri Aylaian
Director of Public Works Director of Community Development
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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
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• 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.
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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;
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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.
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RMP UBIRHARGREA VE S1292742.5
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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.
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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
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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.
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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
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