Appeals Hearing Board Meeting

Name: Appeals Hearing Board Meeting — Monterey, CA
Start: 2020-08-28T13:00:00
End: 2020-08-28T15:00:00
Location: Monterey, CA

Regular Meeting

Monterey, CA · August 28, 2020

Agenda Minutes Packet

Minutes

APPEALS HEARING BOARD MEETING MINUTES CITY OF MONTEREY Friday, August 28, 2020 10:00 AM MONTEREY, CALIFORNIA Board members Present: Hawkins, Millich, Glenzer Absent: Yaqub (Alternate) Board Staff Assistant City Attorney Karin Salameh, Deputy City Attorney Ryan Donlon Present: and Clerk Alicia Salas Other Staff City Forester Justin Prouty and Park Operations Manager Louie Marcuzzo Present: CALL TO ORDER The Clerk of the Board called the meeting order at 1:29 pm PUBLIC COMMENTS None. PUBLIC HEARING 1. Select a New Chair of the Appeals Hearing Board Assistant City Attorney Salameh said that the Board would need to select a new chair to run the meetings since there isn’t one currently. Board member Millich made a motion to nominate Daryl Hawkins as the new Chair of the Board. Board member Glenzer seconded the motion to nominate Daryl Hawkins as the new Chair of the Board. Chair Hawkins called for the motion for Vice Chair. Board member Glenzer made a motion to nominate Board member Millich as Vice Chair of the Board. Chair Hawkins seconded the motion to nominate Board member Millich as Vice Chair of the Board. The Motion Carried by the following vote, which was conducted by roll call: AYES: 3 COMMISSIONERS: Hawkins, Millich, Glenzer NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Appeals Hearing Board August 28, 2020 Minutes 2. Minutes of Thursday, March 28, 2019 Chair Hawkins recused himself from this item. Board member Millich made a motion to approve the minutes of March 28, 2019. Board member Glenzer seconds the motion. The Motion Carried by the following vote, which was conducted by roll call: AYES: 2 COMMISSIONERS: Millich, Glenzer NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONERS: Hawkins 3. Minutes of Monday, June 3, 2019 Board member Glenzer made a motion to approve the minutes of June 30, 2020. Board member Milich seconds the motion. The Motion Carried by the following vote, which was conducted by roll call: AYES: 3 COMMISSIONERS: Hawkins, Millich, Glenzer NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 4. Minutes of Friday, October 4, 2019 Board member Glenzer made a motion to approve the minutes of October 04, 2020. Board member seconds the motion. The Motion Carried by the following vote, which was conducted by roll call: AYES: 3 COMMISSIONERS: Hawkins, Millich, Glenzer NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None PUBLIC COMMENTS None. 2 Appeals Hearing Board August 28, 2020 Minutes 5. Appeal by Montsalas Homeowner’s Association of the Forestry Division’s Decision to Deny the Application for Removal of One Monterey Pine Tree. Assistant City Attorney Salameh asked the Board members if they had any ex parte contact regarding this matter to disclose. Board member Millich said he spoke with former Chair of the Appeals Hearing Board, David Stocker. He said they discussed the tree briefly but it did not influence his opinion on the matter. Chair Hawkins said he visited the site and ran into the appellant Barbara Johnson. He said they had a brief discussion and she pointed out the tree to him but it did not influence his opinion of the matter. Board member Glenzer said he did not have any ex parte contacts to disclose. Deputy City Attorney Ryan Donlon said he would be representing City Staff for the hearing. Appellant Barbara Johnson gave a presentation of her case as to why the Tree Permit denial should be reversed and the permit should be granted. Ms. Johnson said she is representing the Montsalas Board as the primary member of the Landscaping Committee who is responsible for tree care and maintenance. Ms. Johnson said the application was submitted by the owners of 30 Montsalas who were worried about the tree which appeared to be leaning over time. Ms. Johnson said the Montsalas Board asked Arborist Amanda Gates to reassess the Pine tree that she had looked at originally in 2018. Ms. Johnson said in her opinion she thought both the reports of Arborist Amanda Gates and City of Monterey Arborist Justin Prouty were relatively similar but came to different conclusions. She said she thought Justin Prouty’s report concluded the tree was a low risk of falling and Amanda Gates’ report concluded that the tree was high risk of falling. Ms. Johnson further stated that in Amanda Gates 2020 report she noted the increase lean of the tree towards 30 Montsalas and recommended removal due to its size. Board member Millich asked Ms. Johnson how old the tree is to which Ms. Johnson replied that she wasn’t sure but the arborist estimated it to be about 80 years old. She said it was between 80-100ft. tall. Mr. Donlon said the report from Amanda Gates in 2020 and the report of City Forrester Justin Prouty largely agree that the tree is healthy. Mr. Donlon said the Gates report comes to a different conclusion than the Forrester’s report. He said Amanda Gates concluded the tree should be removed due to potential indicators of failure. Mr. Donlon said there is no science that the tree should be removed. Justin Prouty, City Forrester, said he believes where the reports differ is in the conclusion. He said the only way to eliminate all risk of the tree failing is to remove the tree. He continued to say his job is to determine it’s reasonable risk for failure and the potential for impact. Mr. Prouty said he didn’t feel the tree met the criteria he uses when assessing a tree for removal. Chair Hawkins asked Mr. Prouty what is the average lifespan of a Monterey Pine. Mr. Prouty said the lifespan can range from 60-125 years. Chair Hawkins asked Mr. Prouty if it is unusual for pine trees to lean to which Mr. Prouty agreed it was not usual. 3 Appeals Hearing Board August 28, 2020 Minutes Board member Millich asked Mr. Prouty does the fact that the tree is on a leaning slope increase the hazard factor. Mr. Prouty said it depends on how the tree has made accommodation on the lean side of the tree. He said they develop large buttresses on the lean side on the tree to compensate for the load on that side. Mr. Prouty said he does not think the slope is a factor in determining the hazard. Board member Millich asked Mr. Prouty if he considers the potential damage that could be caused if the tree should fail? He also asked if he takes into consideration the location of the tree, such as a tree is in an open area versus one next to an occupied dwelling. Mr. Prouty said the standards for tree risk assessment have been developed by the International Society of Arborculture and using the likely hood of failure and impact, a risk rating is determined. He said this tree has a low risk rating. Board member Glenzer asked Mr. Prouty to explain the live crown ratio he mentioned in his report. Mr. Prouty said the live crown ratio is the total height of the tree and the presence of live branches throughout the whole stem. He said the presence of dead twigs is a separate measure. Mr. Prouty said in his assessment the tree had a live crown ratio of 75%. Board member Glenzer asked Mr. Prouty about the process he used with the rubber mallet when assessing the tree. Mr. Prouty said it tests the difference in sound, which could indicate decay. He likened it to trying to find a stud in the wall; he said he is looking for a sort of flat dead sound that would represent decay. Public Comments The owner of unit #30, Doyle Daughtry, asked the Board to come to his residence to see the lean of the tree. He said he would feel more comfortable if the Board or a representative to see the condition of the tree. Eugene Smith, President of the Montsalas Homeowners Association said he intends to become more deliberate about monitoring of the tree and providing evidence for its removal. Board Member Comments Board member Millich said after reviewing all the material, he believes that the tree is a hazard. He said if the tree should fail the impact would be too great. He said he felt the report by the arborist was sufficient evidence to remove the tree. Chair Hawkins said he agreed with the City Forrester’s report and also stated that he didn’t think it was unusual for a Monterey Pine tree to lean and grow that way. He said he would like to see real evidence that the tree was leaning; he said it doesn’t seem like an immediate danger. Chair Hawkins continued and said the tree should be monitored and would like to see the tree stay with increased monitoring of the lean. Board member Millich made a motion to grant the appeal of the Forester’s decision. The motion dies for lack of a second. Board member Glenzer made a motion to deny the appeal. He said he wants to see real evidence of the tree leaning. Chair Hawkins seconds the motion. 4 Appeals Hearing Board August 28, 2020 Minutes The Motion Carried by the following vote, which was conducted by roll call: AYES: 2 COMMISSIONERS: Hawkins, Glenzer NOES: 1 COMMISSIONERS: Millich ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None BOARD MEMBER COMMENTS Board member Millich welcomed Board member Glenzer to the board. ADJOURNMENT Chair Hawkins adjourned the meeting at 2:10 pm. Respectfully Submitted, Approved, Alicia Salas Daryl Hawkins Recording Secretary Chair of the Board 5

Agenda

Board Members Appeals Hearing Board Kent Glenzer Meeting Agenda Daryl Hawkins Stephen Millich Appeals Hearing Board Meeting Nick Yaqub (alternate) Friday, August 28, 2020 City Attorney M. Christine Davi Teleconference 1:00 PM Monterey, California IMPORTANT NOTICE: Pursuant to Governor Newsom’s Executive Orders N-29-20 and N-33-20, and to do all we can to help slow the spread of COVID-19 (coronavirus):  Meetings of the Monterey City Council and its Boards and Commissions will be conducted with virtual (electronic) participation only. Members of the public may watch the live stream of the City Council and Boards and Commission meetings at https://www.youtube.com/cityofmonterey (up to 10 second delay) or on television on Channel 25 (up to 90 second delay). The YouTube live stream has the shortest delay and is recommended for anyone wishing to provide public comment (see details below).  BEFORE EACH MEETING, members of the public may participate by submitting comment(s) to cao@monterey.org from an email account or a cell phone’s texting app until ½ hour before the start of the meeting. These emails and text messages will be shared with the Appeals Hearing Board prior to the start of the meeting, but will not be read aloud during the meeting. All comments received will become part of the record.  DURING EACH MEETING, members of the public may participate by calling and speaking live during the designated time(s), subject to time limits that may be imposed pursuant to the Brown Act. To provide public comment: o Please follow along with the meeting on the YouTube live stream, as it has the shortest delay, and only call when the public comment period is announced. o When the public comment period is announced, call the telephone number that will be provided on-screen and announced at the meeting. Enter the conference room number, then #. o You will be muted upon joining the call. o Enter *5 to “raise your hand.” When it is your turn to speak, you will be unmuted. o Between comment periods, please hang up the phone. If you wish to comment on another item, please call back when the public comment period is announced. CALL TO ORDER PUBLIC APPEARANCE PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Chair. The Board may limit the time each speaker is allocated. 1. Select a New Chair of the Appeals Hearing Board 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 2. Minutes of Thursday, March 28, 2019 3. Minutes of Monday, June 3, 2019 4. Minutes of Friday, October 4, 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. 5. Appeal by Montsalas Homeowner's Association of the Forestry Division's Decision to Deny the Application for Removal of One Monterey Pine Tree. 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 on the City Clerk’s bulletin board, or on the web at http://www.monterey.org. 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. 2 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. MORE INFORMATION IS AVAILABLE BY CALLING 646-3915 3

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