Appeals Hearing Board Meeting

Name: Appeals Hearing Board Meeting — Monterey, CA
Start: 2023-01-26T13:00:00
End: 2023-01-26T15:00:00
Location: Monterey, CA

Regular Meeting

Monterey, CA · January 26, 2023

Agenda Minutes Packet

Minutes

APPEALS HEARING BOARD MEETING MINUTES CITY OF MONTEREY (Hybrid meeting) Thursday, January 26, 2023 1:00 PM MONTEREY, CALIFORNIA Board members Present: Hawkins (in chambers), Glenzer (via Zoom), Millich (via Zoom) Absent: None. Board Staff Assistant City Attorney Karin Salameh, Deputy City Attorney Christian Present: Wellisch and Clerk of the Board Alicia Salas Other Staff Sustainability Manager, Ted Terrasas Present: CALL TO ORDER Chair Hawkins call the meeting order at 1:20 am. CONSENT AGENDA 1. Minutes of July 25, 2022 (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Board member Glenzer made a motion to approve the July 25, 2022, minutes. 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 PUBLIC COMMENTS None. PUBLIC HEARING 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 Violation of Monterey City Code § 14-2.2b and § 14-3.2,4 (Not a Project under CEQA Article 20, § 15378 and under General Rule Article 5, § 15061) Vice Chair Millich asked if the appellant had been notified of the rescheduled hearing. Assistant City Attorney Karin Salameh asked Clerk Alicia Salas if the appellant was made aware of the hearing. Clerk Salas said she sent a new Hearing Notice on January 5, 2023, to the appellant and confirmed it was not returned by the post office. Vice Chair Millich asked that the new Notice of Hearing be entered into the record. The Board took a five-minute recess for Clerk Salas to retrieve the Notice of Hearing. Ms. Salameh said the Notice of Hearing would be entered into the record. Appeals Hearing Board January 26, 2023 Minutes Board member Glenzer said that he may have a possible conflict of interest. He asked Ms. Salameh if it was the appropriate time to bring up the issue. Ms. Salameh said this is the time for the Board members to bring forward any ex parte contacts or conflicts. Board member Glenzer said one of the photos of the property is labeled as Middlebury Institute for International Studies (MIIS). He said if MIIS is involved in this in this issue, as an employee, he thinks he should recuse himself and not take part in the hearing. Ms. Salameh asked staff if they have confirmed if the property was owned by Middlebury Institute for International Studies (MIIS). Ted Terrasas, Sustainability Manager, said sometimes the Sustainability Office is made aware of an issue by photos sent from city staff. He said some of the photos were received from the Building Department and they often label their photos with the date and location of the photo. He said this photo happens to be across the street from Middlebury Institute for International Studies, so that is the why they labeled this photo this way. Board member Glenzer said he wanted it stated for the record that Middlebury Institute for International Studies does not have any association with this property. Mr. Terrasas said that his office confirmed through the City’s GIS program, which is linked to the Monterey County Assessor’s Office, the property owner is Mr. (Les) Flores. He said the property is located across the street from MIIS but there is no association with it. Board member Glenzer said he feels confident that he does not have a conflict of interest but was not sure if that was correct. Ms. Salameh said from a legal standpoint, he was not disqualified from making a decision as long as he did not feel biased about this property located near his employer. She said if he felt like he could render an impartial decision he was not legally barred from participating in the hearing. Board member Glenzer said he would stay for the hearing. Ms. Salameh asked if any of the other Board members had any ex parte contacts or conflicts regarding this issue. Chair Hawkins said he has done a lot of architectural work for MIIS, but he did not have a conflict because MIIS is not the owner of the building in question. Vice Chair Millich said he does not have anything to disclose. Ms. Salameh stated for the record that she is the attorney advising the Appeals Hearing Board and the Assistant City Attorney for the City of Monterey. She stated there has be an ethical wall implemented in her office and she has not discussed the substance of this hearing with department staff or any other members of her office. Sustainability Manager Ted Terrasas gave his presentation and took questions from the Board. Chair Hawkins asked how many apartments are on the property. Mr. Terrasas said he does not know exactly how many units are on the property except that it is over five. Chair Hawkins asked Mr. Terrasas if the property owner had notified the tenants that organic service was required. Mr. Terrasas said in some instances, the tenants will notify the City to let them know that the property owner is not providing a service. He said tenants cannot comply unless the property owner provides the information and service to them. Board member Glenzer said he did not have any questions but felt upon further reflection that he should recuse himself as he knows of a few students who live at the property in question. He said he did not want the appearance of a conflict of interest. 2 Appeals Hearing Board January 26, 2023 Minutes Vice Chair Millich said he had no questions for staff. Ms. Salameh asked staff if they confirmed that the violations are currently existing on the property. Mr. Terrasas said yes in regard to the organic service, but the overflow issue fluctuates. He said that his department has checked the property every day leading up to the hearing and the problem still exists. Board member Glenzer left the meeting. Ms. Salameh stated for the record the hearing was scheduled for 1:00 pm and the time is now 1:45 pm; she said the property owner has still not appeared. Public Comments None. Board Member Discussion Chair Hawkins asked if they could approve the proposed Order. Ms. Salameh said it appears the dates on the order have not been updated from the prior hearing. She said it would make sense for the Board to walk through the proposed Order and advise what dates they want inserted and then revise the order accordingly. Chair Hawkins said the January 20, 2023, date should be updated to February 21, 2023, to contact the hauler. Mr. Terrasas said to change the February 5, 2023, date to February 27, 2023, to pay the penalties. Vice Chair Millich asked what the charges are for the additional staff time spent from January 5, 2023, to today’s hearing. Mr. Terrasas said he left the chargers for staff time the same since the hearing was rescheduled and it was not the fault of the property owner. Ms. Salameh said the City Attorney’s Office advised against increasing the charges for staff time as it was a staff error which lead to the rescheduled hearing and not the fault of the property owner. Both Board members agreed with Ms. Salameh. Vice Chair Millich made a motion to approve the Proposed Order as amended. Chair Hawkins seconds the motion. The motion carried by the following vote, which was conducted by roll call: AYES: 2 COMMISSIONERS: Hawkins, Millich NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONERS: Glenzer BOARD MEMBER COMMENTS Vice Chair Millich said starting in March 2023, the Board will be going to open hearings (in- person) as opposed to Zoom hearings. He said we should all be prepared for that. Ms. 3 Appeals Hearing Board January 26, 2023 Minutes Salameh said the Clerk’s Office in coordination with City Attorney’s Office will be updating the various boards and commissions on the procedures going forward once the State of Emergency, declared by the Governor, lapses or is withdrawn. ADJOURNMENT Chair Hawkins adjourned the hearing at 1:53 pm. Respectfully Submitted, Approved, Alicia Salas Daryl Hawkins Recording Secretary Chair of the Board 4

Agenda

Board Members Kent Glenzer Appeals Hearing Board Daryl Hawkins Meeting Agenda Stephen Millich Appeals Hearing Board Meeting City Attorney M. Christine Davi Thursday, January 26, 2023 Council Chambers 580 Pacific Street 1:00 PM Monterey, California & Zoom Teleconference IMPORTANT NOTICE: Pursuant to California Government Code section 54953(e)(1)(A) and (C) and the Monterey City Council’s resolution authorizing virtual participation in public meetings given the COVID-19 pandemic, meetings of the Monterey City Council and its Boards, Commissions, and Committees are being conducted with a hybrid format providing both in-person and virtual (electronic) participation in order to promote social distancing and protect the health and safety of attendees. BEFORE EACH MEETING, members of the public may participate by submitting comment(s) cao@monterey.org. Agenda until ½ hour before the start of the meeting. These 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 THIS MEETING, members of the public may attend and participate: ● In-person (location listed above), with masks strongly encouraged for all, regardless of vaccination status, except those who are younger than two years old or have a medical condition that prevents wearing a mask. ● Online via ZoomGov Webinar live (no time delay): ■ On a computer or smartphone: https://monterey- org.zoomgov.com/j/1615121023 An up-to-date version of the Zoom software must be used. ■ Or by telephone: Dial 833-568-8864 (Toll Free) or 669-254-5252 (Campbell, Calif.) or 646-828-7666 (New York, NY). If one number doesn’t work, please try another. ● Enter Webinar ID: 161 512 1023 ● If prompted to enter a participant ID, press # ● To “raise your hand” dial *9. Once called upon, dial *6 to unmute. ■ Need more help using or updating Zoom? Read our ZoomGov Meeting Instructions. This meeting will also be streamed live on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90 second delay). 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 Board member may request that an item recommended for approval on consent be heard on the regular agenda for further discussion. Approval of Minutes 1. Minutes of July 25, 2022 (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061). 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: City Attorney’s Office, 512 Pierce Street, 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. 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 Section 14-2.2b and Section 14- 3.2,4 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 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 Appeals Hearing 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. 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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