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Appeals Hearing Board Meeting

Regular Meeting

Monterey, CA · December 7, 2020

AgendaMinutesPacket

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 2

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. BEFORE EACH MEETING, members of the public may participate by submitting comment(s) to cao@monterey.org until ½ hour before the start of the meeting. These emails and text messages are shared with the Council or relevant Board or Commission prior to the start of the meeting, but are not read aloud. All comments become part of the record and are made available online at https://monterey.org/submitted-comments DURING EACH MEETING: Join the ZoomGov Webinar to participate or watch the meeting live (no time delay):  On a computer or smartphone: https://monterey-org.zoomgov.com/j/1615545188  Or join by phone: o Dial(for higher quality, dial a number based on your current location): US: +1 669 254 5252 or +1 646 828 7666 or 833 568 8864 (Toll Free) o Webinar ID: 161 554 5188 International numbers available: https://monterey- org.zoomgov.com/u/asif1ks06  Meetings are also streamed live on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90 second delay). 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 2

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