Appeals Hearing Board Meeting

APPEALS HEARING BOARD MEETING MINUTES CITY OF MONTEREY (Hybrid meeting) Thursday, January 05, 2023 11:00 AM MONTEREY, CALIFORNIA Board members Present: Hawkins (in chambers), Glenzer (via Zoom), Millich (via Zoom) Absent: None. Board Staff Assistant City Attorney Karin Salameh and Clerk of the Board Alicia Salas Present: Other Staff Sustainability Manager, Ted Terrasas Present: CALL TO ORDER Chair Hawkins call the meeting order at 11:05 am. PUBLIC COMMENTS None. PUBLIC HEARING 1. John Banks, Property Owner 443 Watson Street – Adopt Administrative Order for Failure to Comply with the Compliance Order Issued November 18, 2022, for Violations of Monterey City Code §14-2.2b The Board waited five minutes to see if the appellant for 443 Watson showed up. Following a five-minute recess, Assistant City Attorney Karin Salameh stated for the record the appellant had not showed up. She said if they continue to fail to appear, under Monterey City Code §1-10.5 that would constitute a failure to exhaust their administrative remedies. Ms. Salameh recommended that staff proceed with their presentation and the Board could consider adoption of the Administrative Order afterwards. Sustainability Manager, Ted Terrasas, gave his presentation and took questions from the Board members. Vice Chair Millich asked if the property was occupied by a tenant. Mr. Terrasas said it is a multi-family site. Chair Hawkins asked if there were two separate houses on the property. Mr. Terrasas said there is more than one building and it is treated as a multi-family property. He said once you go over five units on a property, it is considered a multi-family property and it should comply with those requirements of the City Code and State law. He continued, it does not matter how many free-standing buildings there are, but how many units are on the property. Chair Hawkins asked Mr. Terrasas how his department was made aware of a violation. Mr. Terrasas said the City has access to Monterey City Disposals system, and can check to see if a property has garbage, recycling or organic service added to their accounts and if they do not, he can contact them. Board member Glenzer asked if the City has any record that the property owner has ever received the notices sent by the City. Mr. Terrasas said he believes a tenant was acting as the Appeals Hearing Board July 25, 2022 Minutes property manager and was directed by the property owner to contact the City to resolve the issue. He said that was the one and only contact during the whole time the City has been reaching out to correct the issue. Mr. Terrasas said the tenant stated it was their intention to correct the problem, so he believed that the issue was going to be resolved. However, the problem continued to not be corrected and there was never any response either in writing or verbally from the property owner or property manager concerning the unresolved issues. Board member Glenzer asked if the fines are regular and standardly applied in these types of situations. Ms. Salameh said there is leeway in terms of the amount of a fine or penalty that staff can recommend, and the Board can impose. It cannot go over a certain threshold per day, but this fine is on the low end, in terms of the $10 per day. She said staff is also asking for $50 per day going forward until compliance is achieved. Ms. Salameh said these fines are in line with prior penalties that have been imposed by the Board. She stated this is the first trash case before the Board, but when there is a Building Code violation that has been subject to Administrative Orders, penalties have generally ranged from $50-$100 per day. Board member Glenzer asked if the property owner had requested this hearing. Ms. Salameh said when staff issues a Compliance Order and full compliance is not achieved by the date set in the Compliance Order, then the procedure in the City Code is for staff to request the Appeals Hearing Board clerk to set that matter for hearing. Ms. Salameh asked the clerk of the Board to confirm that the Notice of Hearing for 443 Watson was sent to the address provided by the County Assessor’s Office and that the Notice of Hearing did not get returned for an incorrect address. Clerk Alicia Salas confirmed the mailing address the Notice was sent to and that it did not get returned by the post office. Vice Chair Millich asked if the fine requested by staff is more to get the attention of the property owner. Mr. Terrasas said the majority of the fine is to recover staff time and to escalate the situation from a citation level but not to the maximum level, therefore giving the property owner a chance to resolve the situation before the fines and penalties become excessive. Vice Chair Millich asked if the amount of the fees is more for compliance than penal to which Mr. Terrasas agreed. Mr. Terrasas clarified that sustainability assistant Mallory Pankretz spoke to the property owner in November of 2021 after the final organics notice was sent. He said it was a short conversation wherein the property owner stated that he would take care of the issue at that time, but that has never happened. Ms. Salameh stated for the record, that her role in the hearing is to advise the Appeals Hearing Board and she has not worked with staff on this matter. She said there an ethical wall in place in the City Attorney’s office and she has not communicated with staff or anyone else in the City Attorney’s Office regarding this matter. Public Comments None. Board Member Discussion Chair Hawkins asked if the Board could impose the fines that have been suggested by staff. Ms. Salameh said in the packet there is a Proposed Administrative Order. 2  Appeals Hearing Board July 25, 2022 Minutes Board member Glenzer moved to approve the Proposed Administrative Order as presented by staff. Vice Chair Millich 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 2. Les Flores, Property Owner 492 Van Buren Street – Adopt Administrative Order for Failure to Comply with the Compliance Order Issued November 18, 2022, for Violations of Monterey City Code §142-2b and 14-3.2,4 Ms. Salameh stated that the Notice for 492 Van Buren was sent to the incorrect mailing address and as such the hearing for 492 Van Buren will need to be continued. She said staff recommends it be continued to Thursday, January 26, 2023, at 1:00 pm. Board member Glenzer made a motion to continue the hearing for 492 Van Buren to January 26, 2023, at 1:00 pm. Vice Chair Millich 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: ABSENT: 0 COMMISSIONERS: ABSTAIN: 0 COMMISSIONERS: RECUSED: 0 COMMISSIONERS: BOARD MEMBER COMMENTS Board member Glenzer asked why the minutes of July 25, 2022, were not in the hearing packet. Clerk Salas stated that those minutes will be in the next meeting packet for the Board to approve. Chair Hawkins thanked staff for the background on the trash issue; he said it was very helpful. Vice Chair Millich shared a poem about New Year’s resolutions and wished everyone a Happy New Year. ADJOURNMENT Chair Hawkins adjourned the hearing at 11:37 am. 3  Appeals Hearing Board July 25, 2022 Minutes Respectfully Submitted, Approved, Alicia Salas Daryl Hawkins Recording Secretary Chair of the Board 4