File #: WRAPA 24-008    Name: Brow Appeal/P&A May
Type: WRA P&A Item Status: Agenda Ready
File created: 4/26/2024 In control: Water Resources Agency Personnel and Administration Committee
On agenda: 5/3/2024 Final action:
Title: Support recommending that the Board of Directors of the Monterey County Water Resources Agency hold an appeal hearing to consider: a. Denying an appeal filed by Paul Brow challenging the Monterey County Water Resources Agency's decision to revoke dock license #26433 due to deterioration, damage, and inadequate maintenance which renders the dock a hazard and in violation of Ordinance 4065; b. Authorizing the General Manager to revoke dock license #26433; and c. Authorizing the General Manager to proceed immediately with summary abatement which may include destruction of the dock if not retrieved by the owner from floating on the surface of the Reservoir or if left aground within the highwater mark of the Reservoir.
Attachments: 1. Board Report, 2. Attachment 1 - Ordinance No. 4065 (2000), 3. Attachment 2 - Brow Revocation Letter, 4. Attachment 3 - Brow Appeal letter received 3.1.24, 5. Attachment 4 - Docks and boatslips standards, 6. Attachment 5 - Photos of Brow Boat Dock, 7. Brow Boat Dock Revocation Board Presentation PPT
Title
Support recommending that the Board of Directors of the Monterey County Water Resources Agency hold an appeal hearing to consider:
a. Denying an appeal filed by Paul Brow challenging the Monterey County Water Resources Agency's decision to revoke dock license #26433 due to deterioration, damage, and inadequate maintenance which renders the dock a hazard and in violation of Ordinance 4065;
b. Authorizing the General Manager to revoke dock license #26433; and
c. Authorizing the General Manager to proceed immediately with summary abatement which may include destruction of the dock if not retrieved by the owner from floating on the surface of the Reservoir or if left aground within the highwater mark of the Reservoir.
Report
RECOMMENDATION:
It is recommended that the Personnel and Administration Committee support recommending that the Board of Directors of the Monterey County Water Resources Agency adopt a resolution:
a. Denying an appeal filed by Paul Brow challenging the Monterey County Water Resources Agency's decision to revoke dock license #26433 due to deterioration, damage, and inadequate maintenance which renders the dock a hazard and in violation of Ordinance 4065;
b. Authorizing the General Manager to revoke dock license #26433; and
c. Authorizing the General Manager to proceed immediately with summary abatement which may include destruction of the dock if not retrieved from floating on the surface of the Reservoir or if left aground within the highwater mark of the Reservoir.

The Board hearing on the appeal is de novo. A draft resolution with findings supporting this recommendation is attached for consideration.

SUMMARY/DISCUSSION:
On February 9th, 2024, Boat Dock #26433, owned by Paul Brow, was located on Nacimiento Reservoir (Reservoir) by Monterey County Water Resources Agency (MCWRA) inspector staff with both floatation and structural failures. The finding was that the deterioration, damage, and inadequate maintenance of the boat dock renders...

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