Appeals Hearing Board Meeting
Regular MeetingMonterey, CA · June 3, 2019
Minutes
MINUTES
APPEALS HEARING BOARD MEETING
Monday, June 03, 2019
1:00 PM
MONTEREY, CALIFORNIA
Board members
Present: Stocker, Millich, Hawkins
Absent: None
Board Staff Assistant City Attorney Karin Salameh, Deputy City Attorney Ryan Donlon
Present: and Recording Secretary Alicia Salas
Other Staff Chief of Inspections Services/Building Official John Kuehl
Present:
CALL TO ORDER
Chair Stocker called the hearing to order at 1:00 pm.
CONSENT ITEMS
Approval of Minutes
1. February 14, 2019
On a motion made by Board member Hawkins, seconded by Board member Millich, and carried
by the following vote, the Appeals Hearing Board approved the Minutes of February 14, 2019:
AYES: 3 COMMISSIONERS: Stocker, Millich, Hawkins
NOES: 0 COMMISSIONERS: None
ABSENT: 0 COMMISSIONERS: None
ABSTAIN: 0 COMMISSIONERS: None
RECUSED: 0 COMMISSIONERS: None
PUBLIC COMMENTS
None.
PUBLIC HEARING
2. Elizabeth Elves dba Carousel Candies tenant – 31 Wharf #1 Adopt Administrative Order
for Failure to Comply with the Compliance Order Issued February 22, 2019 for Violations
of Monterey City Code § 9-0.1, and California Building Code 105.1
Ryan Donlon, Deputy City Attorney gave reasons why hearing should not go forward as the
appellant was not present.
Jason Adams of Jason Adams Construction said the appellant hired him to do the removal of
the illegal structure.
The Board has decided to take a recess to see if the appellant is going to show up at the
hearing. The recess was taken at 1:05 pm. After a short recess, the hearing resumed at 1:11
pm.
Jason Adams of Jason Adams Construction texted someone from Carousel Candies, the reply
he received said the Elves were out of town on business and they thought that they “were good”
regarding the hearing. Mr. Adams said they would not be making an appearance at the
hearing.
Appeals Hearing Board Minutes Thursday, March 28, 2019
Chief of Building Inspection Services/Building Official John Kuehl is asking for reimbursement of
administrative costs of $3,141.02. Mr. Kuehl said he has found if the Compliance Order does
not contain timeframes and exact direction, it is harder to gain compliance. Mr. Kuehl asked for
Board to set a compliance date of 2-3 weeks from hearing.
Ms. Salameh asked that the Board extend the deadline for payment of costs by a few weeks as
well. Chair Stocker asked Ms. Salameh about the two due dates, one for payment of the
administrative costs and one for submitting an application, removal of the structure and to
restore back to the original configuration; Ms. Salameh agreed that there are two different due
dates. Ms. Salameh clarified that Jason Adams with Jason Adams Construction had already
applied for the application and pulled a permit so that would not be a part of the Compliance
Order to which Mr. Kuehl agreed with Ms. Salameh.
Ms. Salameh asked Mr. Kuehl, in his professional opinion, how long would this work take; Mr.
Kuehl said he believes 30 days would be plenty of time to complete the job.
Public Comments
Jason Adams of Jason Adams Construction said one of the rules with performing work on the
wharf is to get a meeting with the Harbor Master. He said pending his meeting with the Harbor
Master, he believes the job could be completed within 30 days.
Board Member Comments
Chair Stocker set a deadline for administrative fees due within 7 days of hearing (June 10,
2019).
Deputy City Attorney Ryan Donlon asked that the Board waive the fees from the period of May
03, 2019 through June 03, 2019 as a matter of being fair to the appellant.
Mr. Kuehl said the work must be completed, restored back to its original configurations and all
City of Monterey approvals by July 08, 2019. Chair Stocker said the party would be responsible
for the administrative penalties of $50 a day from April 22, 2019 if not complied with by the July
08, 2019 due date.
Chair Stocker stated if they pay before the June 10, 2019 deadline then the fee of $420 from
May 03, 2019 through June 03, 2019 will be waived. He said however, if they don’t pay by the
June 10, 2019 deadline a $50 per day penalty will begin.
Board member Hawkins made motion to approve the amended Administrative Order as stated
by Chair Stocker and gave Chair Stocker authority to sign the order when it is ready for
approval; Board member Millich seconded the motion.
On a motion made by Board member Hawkins, seconded by Board member Millich, and carried
by the following vote, the Appeals Hearing Board Adopted the Amended Administrative Order
for Failure to Comply with the Compliance Order Issued February 22, 2019 for Violations of
Monterey City Code § 9-0.1, and California Building Code 105.1
AYES: 3 COMMISSIONERS: Stocker, Millich, Hawkins
NOES: 0 COMMISSIONERS: None
ABSENT: 0 COMMISSIONERS: None
ABSTAIN: 0 COMMISSIONERS: None
RECUSED: 0 COMMISSIONERS: None
BOARD MEMBER COMMENTS
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Appeals Hearing Board Minutes Thursday, March 28, 2019
None.
ADJOURNMENT
Chair Stocker adjourned the hearing at 1:33 pm.
Respectfully Submitted, Approved,
Alicia Salas, Daryl Hawkins,
Recording Secretary Chair
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Agenda
Board Members
Appeals Hearing Board Daryl Hawkins
Meeting Agenda Stephen Millich
David Stocker
Nick Yaqub (alternate)
Monday, June 3, 2019 City Attorney
M. Christine Davi
1:00 PM
Monterey, California
CALL TO ORDER
CONSENT ITEMS
CONSENT ITEMS allow for a review of those items recommended for approval on consent or
recommended to be continued, tabled or withdrawn, etc. Consent items consist of those items
which are routine and for which a staff recommendation has been prepared. A member of the
public or a Commissioner may request that an item recommended for approval on consent be
heard on the regular agenda for further discussion.
Approval of Minutes
1. February 14, 2019
PUBLIC COMMENTS
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any
subject which is within the jurisdiction of the City of Monterey and which is not on the agenda. Any
person or group desiring to bring an item to the attention of the Board may do so by addressing
the Board during Public Comments or by addressing a letter of explanation to: Permits &
Inspection Services, 580 Pacific St, Room 4, Monterey, CA 93940. The appropriate staff person
will contact the sender concerning the details.
PUBLIC HEARING
PUBLIC HEARINGS are held to receive public comment on certain items pending Board action.
You are welcome to offer your comments after being recognized by the Chair. The Board may
limit the time allocated to each speaker.
2. Elizabeth Elves dba Carousel Candies tenant – 31 Wharf #1
Adopt Administrative Order for Failure to Comply with the Compliance Order Issued
February 22, 2019 for Violations of Monterey City Code § 9-0.1, and California
Building Code 105.1
BOARD MEMBER COMMENTS
Board members may ask a question for clarification, make a brief announcement or make a brief
report on his or her activities. In addition, the Oversight Board may provide a referral to staff or
other resources for factual information, request staff to report back to the body at a subsequent
meeting concerning any City matter, or direct staff to place a request to agendize a matter of
business on a future agenda (G.C. 54954.2).
ADJOURNMENT
Members of the public have the right to address the Appeals Hearing Board on any item on the Agenda,
before or during its consideration [G.C. §54954.3(a)]. The Chair will formally open the floor for public
comment on items such as "Public Appearance" and "Public Hearings." If you wish to speak to items in
any other categories, please advise the Secretary to the Board or the Chair prior to the Appeals Hearing
Board's action on that item, and you will be recognized. Notification as much in advance as possible is
appreciated.
The Appeals Hearing Board meeting packet may be reviewed by the public at the Monterey Public
Library. Information distributed to the Board becomes part of the public record. A copy of written material,
pictures, etc., should be provided for this purpose. For more agenda information, call (831) 646-3915.
Information distributed to the Appeals Board at the meeting becomes part of the public record. A copy of
written material, pictures, etc. should be provided for this purpose.
CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES:
Voicemail: (831) 646-3799
FAX: (831) 646-3793
Email: suggest@monterey.org
WebPage: http://www.monterey.org
The City of Monterey is committed to including the disabled in all of its services, programs and
activities. In compliance with the Americans with Disabilities Act, if you need special assistance
to participate in this meeting, please contact the City Clerk’s Office at (831) 646-3935.
Notification 30 hours prior to the meeting will enable the City to make reasonable arrangements
to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. Later requests will
be accommodated to the extent feasible. For communication-related assistance, dial 711 to use
the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech-
to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing
amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at
(831) 646-3935 to coordinate use of a device.
UPCOMING MEETINGS AT CITY HALL
Jun 4 Council Regular Meeting, Council Chamber - 4:00 PM
Jun 5 Architectural Review Committee Meeting, Council Chamber - 4:00 pm
Jun 6 Zoning Administrator Meeting, Council Chamber - 4:00 pm
Jun 11 Planning Commission Meeting, Council Chamber - 4:00 pm
Jun 12 Parks and Recreation Commission Meeting, Council Chamber - 05:30 PM
Jun 13 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm
Jun 13 MP Regional Water Authority Meeting, TBD - 7:00 PM
Jun 18 Council Regular Meeting, Council Chamber - 4:00 PM
Jun 19 Architectural Review Committee Meeting, Council Chamber - 4:00 pm
Jun 20 Zoning Administrator Meeting, Council Chamber - 4:00 pm
Jun 24 Museums and Cultural Arts Commission Meeting, Council Chamber - 4:00 pm
Jun 25 Planning Commission Meeting, Council Chamber - 4:00 pm
Jun 26 Council Study Session, Council Chamber - 4:00 PM
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Jul 2 Council Regular Meeting, Council Chamber - 4:00 PM
Jul 3 Architectural Review Committee Meeting, Council Chamber - 4:00 pm
Jul 9 Planning Commission Meeting, Council Chamber - 4:00 pm
Jul 10 Parks and Recreation Commission Meeting, Council Chamber - 05:30 PM
Jul 11 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm
Jul 16 Council Regular Meeting, Council Chamber - 4:00 PM
Jul 17 Architectural Review Committee Meeting, Council Chamber - 4:00 pm
MORE INFORMATION IS AVAILABLE BY CALLING 646-3935
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