Board of Administrative Appeals

Agenda prepared by: City Clerk (925) 779-7009 BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Council Chambers 200 “H” Street APRIL 11, 2013 3:00 P.M. 3:00 P.M. ROLL CALL: Diana Busenbarrick, Chairperson Deborah Simpson, Vice Chairperson Mike Schneider PLEDGE OF ALLEGIANCE 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MINUTES FOR NOVEMBER 1, 2012 Recommended Action: Motion to approve the minutes MINUTES 2. APPEALS A. CITATION NO. 30251 – Appeal of Administrative Citation issued regarding Excessive Barking Dogs for Alejandro Lopez, 2905 Cashew Street, Antioch, CA [§6-1.18] STAFF REPORT B. CITATION NO. 30254 (second citation received) – Appeal of Administrative Citation issued regarding Excessive Barking Dogs for Alejandro Lopez, 2905 Cashew Street, Antioch, CA [§6- 1.18] STAFF REPORT PUBLIC COMMENTS WRITTEN/ORAL COMMUNICATIONS ADJOURNMENT PLEASE TURN OFF CELL PHONES BEFORE ENTERING COUNCIL CHAMBERS. The meetings are accessible to those with disabilities. Auxiliary aides will be made available for persons with hearing or vision disabilities upon request in advance at (925) 779-7009 or TDD (925) 779-7081. Agenda and related writings provided to members are available for viewing by the public during normal office hours at the City Clerk’s Office, located on the 3RD Floor of City Hall, 200 H Street, Antioch, CA 94509.  BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Regular Meeting November 1, 2012 3:00 p.m. Council Chambers Chairperson Busenbarrick called the meeting to order at 3:12 P.M. on Thursday, November 1, 2012, in the Council Chambers. ROLL CALL: Present: Chairperson Busenbarrick, Board Members Simpson, Schleder and Jennings Absent: Board Member Schneider Staff Present: City Attorney, Lynn Tracy Nerland City Clerk, Denise Skaggs Deputy City Clerk, Christina Garcia Minutes Clerk, Kitty Eiden Animal Services Supervisor, Monika Helgemo Animal Control Officer, Gabrielle Johnson PLEDGE OF ALLEGIANCE Chairperson Busenbarrick led the board, staff and public in the Pledge of Allegiance. 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MINUTES FOR AUGUST 2, 2012 On motion by Board Member Schleder, seconded by Board Member Simpson, the Board of Administrative Appeal members unanimously approved the Minutes of August 2, 2012. City Attorney Nerland explained the manner in which the proceedings would be conducted and reviewed the options available for the Appeals Board. In response to Board Member Jennings, City Attorney Nerland clarified the appellant was given notice of this meeting and the City had not received any messages indicating she would not be able to attend. She noted the appeal can go forward in the absence of the appellant. 2. APPEALS A. Appeal to reverse “Potentially Dangerous Animals” decision for three (3) dogs “Bubba” (A507033), “Roxy” (A102104), and “Chevelle” (A102105) for Jacqueline Wight, 2317 Redwood Drive, Antioch [§6-1.22 (A)(b)] A 04-11-13 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting November 1, 2012 Page 2 of 3 Animal Control Officer Johnson presented the staff report dated October 23, 2012 recommending the Board of Administrative Appeals uphold the Potentially Dangerous Animal declaration for all three dogs. In response to Chairperson Busenbarrick, Animal Control Officer Johnson stated she was informed that the appellant had problems obtaining insurance for the dogs, building a kennel, and getting an appointment to have them neutered and spayed. Therefore the appeal would provide extra time to comply with the conditions. APPELLANT Chairperson Busenbarrick confirmed that Ms. Wight was not in attendance and staff had not been notified in advance of any issue with the date or her attendance at this meeting. OPPONENTS Ms. Reyes elected to have assistance from City Approved Interpreter Christina Garcia. Estella Reyes reported she was in her home when she heard her husband yell from the garage and when she went outside, she saw her neighbor’s dogs attacking her husband. She stated a man and woman removed the dogs and the man put the dogs in a vehicle and left the scene. She noted her husband was unable to get up due to the dog bites so she called 911 for an ambulance. She further noted it was a traumatic experience and following this incident, they were afraid to live in the neighborhood, so they had moved. In response to Board Member Schleder, Ms. Reyes stated all three dogs had attacked her husband. She confirmed that they had never been a dog owner. Crystal Reyes stated she was in her room when her mom asked her to come outside. She noted when she went outside, she witnessed a male neighbor putting the dogs inside his vehicle and she photographed the license plate with her phone. She further noted one of the female neighbors stated she was sorry and they left, and did not return for (2) two days. She stated when they did return, they would give them angry looks. City Attorney Nerland indicated, for the record, that it is 3:35 P.M. and the dog owners had not shown up for the appeal. Chairperson Busenbarrick closed the public comment portion of the meeting. Board Member Simpson stated the information provided indicated the dogs attacked another human or animal, unprovoked, on more than one occasion. BOARD OF ADMINISTRATIVE APPEALS Regular Meeting November 1, 2012 Page 3 of 3 In response to Board Member Schleder, Animal Service Supervisor Helgemo explained the hospital report indicated the victim received three stitches to his ankle and the other wounds were punctures, which did not require stitches. Board Member Jennings stated that based upon the testimony and his experience, he would deem the dogs potentially dangerous and if conditions were not met, the dogs needed to be euthanized. City Attorney Nerland reported the appellant would be notified of the decision, given a short time to comply with the conditions, and if she failed to do so, the dogs would be euthanized, assuming she did not appeal the decision to the Superior Court. On motion by Board Member Simpson, seconded by Board Member Jennings, the Board of Administrative Appeals unanimously denied the appeal and upheld the decision of “Bubba, Roxy, and Chevelle” as Potentially Dangerous Animals and upheld the stipulations required to redeem the dogs. Included in the specific findings were the following:  Finding that there had been a prior incident with the dog attacking another dog in the neighborhood on January 14, 2012.  The dogs were unprovoked and caused severe injury as defined.  If the appellant failed to comply with the conditions, then the dogs would be euthanized. PUBLIC COMMENTS - None WRITTEN/ORAL COMMUNICATIONS - None ADJOURNMENT Chairperson Busenbarrick adjourned the Administrative Board of Appeals meeting at 3:44 p.m. to the next regularly scheduled meeting on December 6, 2012. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk