Appeals Hearing Board Meeting
Regular MeetingMonterey, CA · December 7, 2020
Minutes
APPEALS HEARING BOARD MEETING MINUTES
CITY OF MONTEREY
Monday, December 7, 2020
2:00 PM
MONTEREY, CALIFORNIA
Board members
Present: Hawkins, Millich, Glenzer
Absent: Yaqub (Alternate)
Board Staff Assistant City Attorney Karin Salameh and Clerk Alicia Salas
Present:
Other Staff None
Present:
CALL TO ORDER
Chair Hawkins call the meeting order at 2:07 pm
PUBLIC COMMENTS
None.
PUBLIC HEARING
1. Decision from November 18, 2020 Appeals Hearing Board Regarding Stronghold
Engineering Inc.’s Violation of Subcontracting Listing Law
Assistant City Attorney Salameh said she tried to captured the deliberations from the November
18, 2020 hearing and the findings the Board made as well as the vote to assess penalties for
two violations. Ms. Salameh invited the Board to edit and provide further direction if they saw
fit.
Chair Hawkins asked if there was any Public Comments on this item and limited the comments
to five minutes.
Public Comments
Andrew Van Ornum, attorney for Stronghold Engineering Incorporated said he objected to this
Board hearing the Listing Law issue and felt that the Board held the timing of the hearing
against his client. Mr. Van Ornum further stated that there had been no evidence at the prior
hearing that there was a formal authorization from the City Council or City Manager for the
Board to conduct the hearing. Mr. Van Ornum also said that the City should have been
monitoring the Project during construction and not bringing these issues five years later. Mr.
Van Ornum restated his arguments against the Boards Decision and Findings.
Board Member Discussion
Board member Millich mad a motion to approve the proposed order.
Board member Glenzer seconded the motion.
The motion carried by the following vote, which was conducted by roll call:
Appeals Hearing Board December 7, 2020
Minutes
AYES: 3 COMMISSIONERS: Hawkins, Millich, Glenzer
NOES: 0 COMMISSIONERS: None
ABSENT: 0 COMMISSIONERS: None
ABSTAIN: 0 COMMISSIONERS: None
RECUSED: 0 COMMISSIONERS: None
BOARD MEMBER COMMENTS
Chair Hawkins inquired as to when the net meeting would be held. Clerk Salas responded that
no date had been set, but likely in January.
ADJOURNMENT
Chair Hawkins adjourned the hearing at 2:18 pm.
Respectfully Submitted, Approved,
Alicia Salas Daryl Hawkins
Recording Secretary Chair of the Board
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Agenda
Board Members
Appeals Hearing Board Kent Glenzer
Meeting Agenda Daryl Hawkins
Stephen Millich
Appeals Hearing Board Nick Yaqub (alternate)
Monday, December 7, 2020 City Attorney
M. Christine Davi
2:00 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 are being conducted with virtual
(electronic) participation only.
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CALL TO ORDER
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.
1. Adopt Written Decision Following Hearing on Violations of California
Subletting and Subcontracting Fair Practices Act, Public Contract Code
section 4100 et seq., During Construction of Monterey Conference Center
Renovations by Stronghold Engineering Incorporated, the Prrime Contractor
on the Project
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.
MORE INFORMATION IS AVAILABLE BY CALLING 646-3915
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