File #: 12-1118    Name: Oaks Subdivison (MOU)
Type: General Agenda Item Status: Passed
File created: 11/21/2012 In control: Board of Supervisors
On agenda: 12/4/2012 Final action: 12/4/2012
Title: Public hearing (Continued from October 9, 2012) to: a. Consider alternatives for the provision of safe potable water to the approved 9-lot Oaks subdivision due to the high arsenic level in the subdivision well water; b. Provide direction to staff as to the preferred alternative to enable staff to conduct appropriate environmental review; and c. Direct staff to return to the Board for further action following environmental review. (PC947170 & PLN030107 (Ferrini Oaks): fronting on east side of San Benancio Road adjacent to San Benancio school, Toro Area Plan)
Attachments: 1. Exhibit A 10.9.12 Board Report, 2. Exhibit B Cal Am Letter, 3. Exhibit C Draft Resolution, 4. Exhibit D Chronology, 5. Resolution - Revised Strikethrough, 6. Completed Board Order and Resolution
Related files: RES 14-047
Title
Public hearing (Continued from October 9, 2012) to:
a. Consider alternatives for the provision of safe potable water to the approved 9-lot Oaks subdivision due to the high arsenic level in the subdivision well water;
b. Provide direction to staff as to the preferred alternative to enable staff to conduct appropriate environmental review; and
c. Direct staff to return to the Board for further action following environmental review.
(PC947170 & PLN030107 (Ferrini Oaks): fronting on east side of San Benancio Road adjacent to San Benancio school, Toro Area Plan)
 
Report
RECOMMENDATION:
Staff recommends that the Board of Supervisors adopt a resolution (Exhibit C) to:
a.  develop a Memorandum of Understanding (MOU) between California American Water Company, Monterey County Water Resources Agency, and the County for the provision of safe, potable water to the approved nine-lot Oaks subdivision due to the high arsenic level in the subdivision well water; and
b.  direct staff to conduct appropriate environmental review and return to the Board for further action.
 
DISCUSSION
On October 9, 2012, the Board of Supervisors continued this matter at the request of Mr. Richard Rosenthal, representing Save Our Peninsula Committee (SOPC), an interested party, to allow time to review and respond to the staff report.  In order to accommodate schedules of the key people involved, SOPC agreed to continue this matter to the Board meeting of December 4, 2012.  
 
The October 9 staff report is attached for consideration (Exhibit A).  This report includes a draft memorandum of understanding (MOU) for consideration, as recommended by staff.  In addition, staff has received correspondence from California American Water Company dated November 6, 2012 that is attached as Exhibit B.   At the time of preparing this report, no other correspondence has been received following the October 2 hearing.  County staff will be conferring with Monterey County Water Resources Agency about being a potential party to the MOU, and will report on said discussions at the Board hearing on December 4.  Documentation of the chronology of events is included as Exhibit D.  
 
FINANCING
The recommended action has no new cost to the General Fund in the FY 2012/13 budget.  Staff time would be required to conduct environmental review and process the Board's preferred option.  Required staff efforts would become part of the existing work program for Resource Management Agency (RMA), RMA-Planning Services, Environmental Health Bureau, and County Counsel.  Associated staff time is included in the approved FY 2012/13 budget for these respective departments.  
 
 
Prepared by:
 
____________________
Carl Holm, AICP
Deputy Director, RMA
 
Approved by:
 
____________________
Benny J. Young, P.E.
Director, RMA
 
 
 
Attachments:
Exhibit A - 10/9/12 BOS Report with Attachments
Exhibit B - Cal Am letter (dated 11/6/12)
Exhibit C - Draft Resolution
Exhibit D - Documentation of chronology