Title
Consider options on whether, and how, to proceed with granting permission to allow reconstruction in the Agency's Floodage Easement at Nacimiento Reservoir.
Report
RECOMMENDATION:
It is recommended that the Monterey County Water Resources Agency Board of Supervisors:
a. Consider options on whether, and how, to proceed with granting permission to allow reconstruction in the Agency's Floodage Easement at Nacimiento Reservoir.
SUMMARY/DISCUSSION:
The Monterey County Water Resources Agency (MCWRA) has received requests to consider granting permission to allow the continued, unauthorized use of the Floodage Easement (Easement) surrounding Nacimiento Reservoir at Cal Shasta Club. Most recently, San Luis Obispo County officials have asked MCWRA staff to provide a response as to whether some existing structures previously located in the Easement could be rebuilt due to recent fire damages. The encroachment, of the structures destroyed by the 2016 Chimney Fire, onto the Easement was not done through the permission of the MCWRA Board of Supervisors.
In August 2016, 28 privately owned structures were destroyed at the Cal-Shasta Club as a result of the Chimney Fire. Eight (8) of these structures were located within the MCWRA Easement at or below 825 (NGVD29). Owners of these structures are requesting MCWRA permission to replace these eight fire-damaged structures. MCWRA staff made an initial conclusion that the reconstruction of these structures would represent an encroachment into the Easement area.
In late 2016, MCWRA staff consulted with the Monterey County Counsel Office for advice on how to respond to the request for reconstruction. County Counsel's Office advised that any relief that the MCWRA might be able to afford would entail some form of permission to encroach into the Easement area (i.e., an encroachment permit).
In March 2017, MCWRA staff presented a reconstruction draft Policy to the Board of Directors, as the eight Owners were essentia...
Click here for full text