Board of Administrative Appeals

Agenda prepared by: City Clerk (925) 779-7009 BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Council Chambers 200 “H” Street JUNE 5, 2014 3:00 P.M. 3:00 P.M. ROLL CALL Diana Busenbarrick, Chairperson Deborah Simpson, Vice Chairperson Andrew Schleder Mike Schneider Frederick Rouse Ademuyiwa “Ade” Adeyemi, Alternate PLEDGE OF ALLEGIANCE 1. CONSENT CALENDAR A. APPROVAL OF SPECIAL MEETING/ WORKSHOP MINUTES – COUNCIL/ COMMISSIONS/ BOARDS FOR SEPTEMBER 9, 2013 MINUTES Recommended Action: Motion to approve the minutes B. APPROVAL OF ADMINISTRATIVE APPEALS SPECIAL MEETING MINUTES FOR FEBRUARY 20, 2014 MINUTES Recommended Action: Motion to approve the minutes 2. APPEALS OATH for all intending to testify on an appeal A. CITATION NO. 32355 – Appeal of Administrative Citation issued regarding Unlicensed Dog [§6-1.20(B)], No Rabies Proof [§6-1.12.2], No Dog Fancier’s (Kennel) Permit [§6-1.24.1] (x10 dogs), and Animal Care [§6-1.28 for George/Danielle Guevara, 4724 Palomino Way, Antioch, CA STAFF REPORT B. CITATION NO. 23745 – Appeal of Administrative Citation issued regarding InOp/UnReg Vehicle [§5-1.202(D)] and Debris in Public View [§5-1.202(A1)(2)] for Nanci Jacobs, 2800 Patricia Avenue, Antioch, CA STAFF REPORT 3. NEW ITEM – ELECTION OF CHAIR AND VICE CHAIR  PUBLIC COMMENTS—Only unagendized issues will be discussed during this time WRITTEN/ORAL COMMUNICATIONS ADJOURNMENT Notice of Availability of Reports This agenda is a summary of the discussion items/actions proposed to be taken by the Board of Administrative Appeals. Materials provided regarding the agenda items will be available at the following website: http://www.ci.antioch.ca.us/CityGov/Agendas/default.asp or at the City Clerk’s Office located on the 3rd floor of City Hall, 200 H Street, Antioch, CA 94509, Monday through Thursday, for inspection and copying (for a fee). Copies are also made available at the Antioch Public Library for inspection. 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. Notice of Opportunity to Address the Committee The public has the opportunity to address the Board on each agenda item. To address the Board, fill out a yellow Speaker Request form, available on each side of the entrance doors, and place in the Speaker Card Tray. This will enable us to call upon you to speak. Each speaker is limited to not more than 3 minutes. Comments regarding matters not on this Agenda may be addressed during the "Public Comments" section on the agenda. No one may speak more than once on an agenda item or during “Public Comments”. PLEASE TURN OFF CELL PHONES BEFORE ENTERING COUNCIL CHAMBERS.  CITY COUNCIL BOARD OF ADMINISTRATIVE APPEALS ECONOMIC DEVELOPMENT COMMISSION PARKS AND RECREATION COMMISSION PLANNING COMMISSION POLICE CRIME PREVENTION COMMISSION SPECIAL MEETING/WORKSHOP Special Meeting September 9, 2013 6:30 p.m. Antioch Police Department Community Room 300 L Street On September 9, 2013, the workshop was called to order by Mayor Harper at 6:44 p.m. City Council members present were Mayor Harper, Mayor Pro Tem Rocha, Council member Tiscareno and Council member Wilson. Council member Agopian had an excused absence. Staff present: Alan Barton, IS Director Mike Bechtholdt, Deputy Public Works Director Ron Bernal, Public Works Director/City Engineer Allan Cantando, Chief of Police Michelle Fitzer, Human Resources/Economic Development Director Jim Jakel, City Manager Dawn Merchant, Finance Director Lynn Tracy Nerland, City Attorney Tina Wehrmeister, Community Development Director Consultant Stacey McLaughlin of Mountaintop Insight facilitated the workshop. Public Comment: Karl Dietzel stated that the Council should start spending tax money on public safety and not these “fun get-togethers.” 1. Preparation for Workshop Stacey McLaughlin provided the Council and staff with an introduction to the process of the “Community Café.” She explained that this process has been used for information gathering in several different settings. The purpose this evening is to gather community input on the future of Antioch. Ms. McLaughlin explained the role of the table hosts and discussed with Council the role that they would take at this initial meeting. It was decided that the Council would observe the table activities for this meeting. 1A 06-05-14  2. Strategic Planning Process for Community Workshops At 7:27 pm Mayor Harper welcomed the Board/Commission members and the public in attendance to the first Antioch Community Café. Stacey McLaughlin was introduced. Roll Call: City Council Present: Mayor Harper, Mayor Pro Tem Rocha, Council member Tiscareno and Council member Wilson. Council member Agopian had an excused absence. Board of Administrative Appeals Members Present: Vice Chair Deborah Simpson. Economic Development Commissioners Present: Vice Chair Keith Archuleta, Richard Asadoorian, Peter Donisanu, Rhoda Parhams, Martha Parsons, and Lamar Thorpe. Parks and Recreation Commissioners Present: Chair Roy Immekus, Gene Davis, Rodney McClelland, and Brent Thibeaux. Planning Commissioners Present: Chair Virginia Sanderson, Greg Baatrup, Krystal Hinojosa, Kerry Motts, and Thomas Westerman. Police Crime Prevention Commissioners Present: Vice Chair Lovece Headd, Richard Augusta, William Cook, Gregory Hayes, and Hansel Ho. Each of the Boards/Commissions introduced themselves and had a spokesperson share what the Board/Commission’s function is. Stacey McLaughlin provided an overview of the process for all of the participants. The Café began and participants worked on contributing thoughts/suggestions/ideas on the two questions posed. Feedback of the process was provided as follows: Positive Engaging/forward thinking Non-traditional – very well done Opportunity to hear and be heard Not just about crime – a healthy discussion about things other than crime Improvements Distill questions for future cafes to 5 words Language issues? Spanish/Filipino/Chinese The workshop with the Board/Commission members was adjourned at 9:47 pm. The Council and staff stayed to debrief the process with Ms. McLaughlin. The meeting was fully adjourned at 10:20 pm.  BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Special Meeting February 20, 2014 3:00 P.M. Council Chambers Chairperson Busenbarrick called the meeting to order at 3:01 P.M. on Thursday, February 20, 2014 in the Council Chambers. ROLL CALL: Present: Board Members Schneider, Schleder and Chairperson Busenbarrick Absent: Board Member Simpson (arrived at 3:10 P.M.) Staff Present: City Attorney, Lynn Tracy Nerland City Clerk, Arne Simonsen Animal Control Officer, Ada Gomez Animal Control Officer, Andrea Sutherland Minutes Clerk, Kitty Eiden PLEDGE OF ALLEGIANCE Chairperson Busenbarrick led the board, staff and public in the Pledge of Allegiance. City Attorney Nerland explained the manner in which the proceedings would be conducted and reviewed the options available for the Appeals Board. City Clerk Simonsen administered the Oath for all persons present intending to testify on the appeal. 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MINUTES FOR MAY 2, 2013 AND SEPTEMBER 26, 2013 On motion by Board Member Schneider, seconded by Board Member Schleder, the Board of Administrative Appeals unanimously approved the Minutes for May 2, 2013 and September 26, 2013. B. APPROVAL OF SPECIAL MEETING / WORKSHOP MINUTES – COUNCIL/ COMMISSIONS/ BOARDS FOR SEPTEMBER 9, 2013 On motion by Board Member Schneider, seconded by Board Member Schleder, the Board of Administrative Appeals unanimously continued the approval of minutes for September 9, 2013. Board Member Simpson arrived at 3:10 P.M. 1B 06-05-14 BOARD OF ADMINISTRATIVE APPEALS Special Meeting February 20, 2014 Page 2 of 3 1. APPEAL A. CITATION NO. 32555 – Appeal of Administrative Citation issued regarding Unlicensed Dog [§6-1.20(B)], No Rabies Proof [§6-1.12.2], No Dog Fancier’s (Kennel) Permit [§6-1.24.1] (x5 dogs) for Katrina Moore, 2844 Hayes Way, Antioch, CA Animal Control Officer Ada Gomez presented the staff report dated February 20, 2014 recommending the Board of Administrative Appeals uphold the Administrative Citation for the violations of Antioch Municipal Codes §6-1.20(B), §6-1.12.2 and §6-1.24.1. APPELLANT Katrina Moore stated she was unaware the City required dogs to be vaccinated and licensed. She noted that she informed Animal Services that three (3) of the five (5) dogs belonged to family members and had been returned to them. She explained that due to medical problems, she had requested an extension for the notice to correct, however she was not informed of how long the extension was and subsequently she was issued the citation for failure to comply on December 28, 2013. She reported the mother dog had been killed and the puppies had been given away. She stated she had contact information for the owners of the puppies and vaccination receipts for her two (2) dogs, however, they remained unlicensed. In response to the Board, Ms. Moore reiterated that her brother had removed his dogs from her property and she had requested the extension due to personal health issues. Chairperson Busenbarrick closed the floor to public comment. Board Member Schneider stated the appellant received notice to correct on November 2013 and had not taken action to vaccinate her dogs until February 16, 2014. He expressed concern that the dogs remained unlicensed. Additionally, he noted the municipal code allows for citations to be issued to the owner of the dogs and/or the party harboring or in possession of them. Following discussion, the Board agreed that the citation should be upheld and a reduction in the fine, for hardship, could be considered. On motion by Board member Schneider, seconded by Board Member Schleder, the Board of Administrative Appeals unanimously upheld the Administrative Citation issued regarding Unlicensed Dog [§6-1.20(B)], No Rabies Proof [§6-1.12.2], No Dog Fancier’s (Kennel) Permit [§6-1.24.1] (x5 dogs) for Katrina Moore and reduced the citation total from $1,100.00 to $1,000.00. Chairperson Busenbarrick thanked the appellant for her testimony and reminded her to license her dogs. BOARD OF ADMINISTRATIVE APPEALS Special Meeting February 20, 2014 Page 3 of 3 PUBLIC COMMENTS - None WRITTEN/ORAL COMMUNICATIONS - None ADJOURNMENT Chairperson Busenbarrick adjourned the Administrative Board of Appeals meeting at 3:32 P.M. to the next regularly scheduled meeting. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk