Board of Administrative Appeals

Agenda prepared by: City Clerk (925) 779-7009 BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL SPECIAL MEETING Council Chambers 200 “H” Street JULY 24, 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 ADMINISTRATIVE APPEALS MEETING MINUTES FOR JUNE 5, 2014 Recommended Action: Motion to approve the minutes 2. APPEAL OATH for all intending to testify on an appeal A. ANIMAL ID# A094859 “Brownie” (dog) – Appeal filed by Laquita Everett, 2209 Field Street, Antioch, CA 94509 to overturn the “Potentially Dangerous Animal” [§6- 1.801(B)(3)] determination made by Antioch Animal Services 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.  BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Regular Meeting June 5, 2014 3:00 P.M. Council Chambers Chairperson Busenbarrick called the meeting to order at 3:10 P.M. on Thursday, June 5, 2014 in the Council Chambers. ROLL CALL: Present: Board Members Schneider, Simpson, Schleder, Adeyemi and Chairperson Busenbarrick Absent: Board Members Rouse Staff Present: City Attorney, Lynn Tracy Nerland City Clerk, Arne Simonsen Code Enforcement Officer, Renee Souza Animal Control Officer, Ada Gomez 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. She reported the appellant for CITATION NO. 32355 had provided additional information which had been distributed to the Board and the appellant for CITATION NO. 23745 had been given a clearer copy of a photo from the staff report. City Clerk Simonsen administered the Oath for all persons present intending to testify on the appeal. 1. CONSENT CALENDAR A. APPROVAL OF SPECIAL MEETING/ WORKSHOP MINUTES – COUNCIL/ COMMISSIONS/ BOARDS FOR SEPTEMBER 9, 2013 On motion by Board Member Simpson, seconded by Chairperson Busenbarrick the Boards of Administrative Appeals unanimously approved the minutes for September 9, 2013. B. APPROVAL OF ADMINISTRATIVE APPEALS SPECIAL MEETING MINUTES FOR FEBRUARY 20, 2014 On motion by Board Member Schnieder, seconded by Board Member Simpson the Boards of Administrative Appeals unanimously approved the minutes for February 20, 2014. 1A 07-24-14 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting June 6, 2014 Page 2 of 6 2. APPEALS Following discussion and with the concurrence of the appellants, the Board agreed to hear CITATION NO. 23745, as the first item of business. 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 Code Enforcement Officer Souza presented the staff report dated May 22, 2014 recommending the Board of Administrative Appeals uphold the Administrative Citation. APPELLANT Nanci Jacobs stated her red vehicle was registered however she had not placed the sticker on the window. She explained that the van was registered non-operational and therefore she believed it was not in violation of the Antioch Municipal Code. She clarified the barbeque and pool were in the yard for a Cinco de Mayo celebration. With regards to the maintenance of her property, she explained it was a shared driveway and the debris belonged to a neighbor. In response to Board Member Schleder, Ms. Jacobs stated information from the Department of Motor Vehicles showing when her vehicle was registered, was at home. Code Enforcement Officer Souza clarified she ran the red vehicle through the Department of Motor Vehicles who indicated it was unregistered and during a follow-up inspection the violation had been corrected. She stated following that incident, she had received another complaint and upon inspection found a van, on jack stands, that was registered non- operational, in the driveway. Additionally, she noted that after the appeal for citation had been received, she had conducted another site inspection and observed a non-operational truck, with expired registration, being repaired in the driveway. She clarified the citation for the debris in her driveway, did not include the pool and barbeque. In response to Board Member Adeyemi, Code Enforcement Officer Souza clarified that a temporary sticker was not displayed in the window of the van. Ms. Jacobs stated she was not aware that the truck depicted in attachment “G” was being repaired in her driveway and unregistered. She explained that the vehicle belonged to someone she rented space to on her property. She clarified with the exception of the dolly, the debris in her driveway belonged to a neighbor. Chairperson Busenbarrick closed the floor to public comment. BOARD OF ADMINISTRATIVE APPEALS Regular Meeting June 6, 2014 Page 3 of 6 Board Member Schneider stated the property owner was responsible for vehicles parked on her property and expressed concern that since the filing of the appeal, there had been another violation. On motion by Board Member Schneider, seconded by Board Member Schleder, the Board of Administrative Appeals denied the appeal and upheld 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. 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 Board Member Adeyemi reported as a Notary, he did business with Mr. Guevara, however it was not a source of income and there was no conflict of interest, therefore he would not recuse himself from participating in the appeal process. Animal Control Officer Gomez presented the staff report dated May 28, 2014 recommending the Board of Administrative Appeals uphold the Administrative Citation for the violations of Antioch Municipal Codes sections 6-1.20 (b), 6-1.24.1, 6-1.28. APPELLANT Jim Morrison, ESQ. representing the Appellant, reported the City had received his brief objecting to the procedures for the appeal. He stated old citations were irrelevant and there was no proof his client’s possessed eleven (11) dogs or their animals were kept in inhumane conditions. He reported animal control could not see inside the house or into the backyard to determine how many animals were on site, therefore the citation for no licenses and no rabies vaccinations, were unsubstantiated. He reported his client had attempted to license her animals in 2012 however; Antioch Animal Control had refused to process the application. Danielle Guevara reported license applications for her dogs were submitted to the Antioch Animal Shelter and not accepted. Robert Guevara added that he owned My Angels Rescue, worked with the Contra Costa County Animal Shelter and his dogs were licensed through them. He provided the Board with photos of the property in question. In response to Board Member Schnieder, Mr. Morrison explained that Mr. Guevara had several homes and the dogs were at different locations therefore they were licensed in the County. He stated the Veterinary office provided proof of rabies for his client’s dogs, to the Antioch Animal Shelter. He noted Animal Control had indicated they had only seen four (4) dogs at BOARD OF ADMINISTRATIVE APPEALS Regular Meeting June 6, 2014 Page 4 of 6 the premises. He suggested a continuance to allow the Guevara’s to apply for duplicate licenses and the dog fancier license. He voiced his support for third party intervention. REBUTTAL Animal Control Officer Gomez explained that the Veterinary on record indicated all rabies vaccinations had expired. In response to Board Member Schneider, Animal Control Officer Gomez stated she was not present at the time the appellant claimed their licenses were not accepted at the Animal Shelter. She explained that when she arrived at the residence, it appeared to be vacant and there was no food or water in view, however, the dogs did not appear malnourished. She stated the Veterinary office submitted that the Guevara’s had eleven (11) dogs listed as current pets. Additionally, she noted she had not seen any proof of licenses or vaccinations for any of their rescue dogs. City Attorney Nerland reported the City had adopted a new animal ordinance, which Mr. Guevara was aware which required a Multiple Pet Permit for more than three (3) dogs over six (6) months of age. She noted that there were provisions that if citations had been issued, the permit would not be issued; however, if the applicant was refused the permit, there was an appeal process to this Board. REBUTTAL Mr. Morrison stated the applications refused by the Antioch Animal Shelter, were for dog licenses. He clarified the rabies vaccination documents submitted by Animal Control were from a Veterinarian his clients no longer used. He reported the only thing Animal Control had shown was that on April 4, 2014, there were four (4) dogs present at the residence. He reiterated that his Clients should apply for the licenses and the funds deposited, be used for that purpose. George Guevara stated his current Veterinary office had indicated they had submitted proof of rabies vaccinations to the local Animal Shelter. He stated he had the new application to fill out for the Multiple Pet Permit and requested third party mediation for the process. In response to Board Member Adeyemi, Mr. Guevara stated the reported dog bite on December 6, 2011, had not occurred. Chairperson Busenbarrick closed the floor to public comment. Board Member Schneider expressed concern for the lack of cooperation from the Appellants. He noted there was not enough cause to issue a citation in certain instances because they had evidence of rabies however they were unable to determine which animal it applied to and which animals were present at the time of the citation. He noted the unkempt conditions were BOARD OF ADMINISTRATIVE APPEALS Regular Meeting June 6, 2014 Page 5 of 6 not substantiated as the Animal Control Officer was unable to see the entire property and the dogs were not malnourished He stated the appellant needed to obtain a multiple pet permit. Board Member Simpson stated there was no proof the dogs were malnourished, however she would support upholding the citations for keeping animals with a multiple pet permit and no licenses or proof of rabies vaccinations for the five (5) dogs the appellant admitted to owning. Board Member Adeyemi stated he had been to the appellant’s office and the dogs were gentle and not malnourished. He stated he believed the issue was a conflict between Animal Service and appellant and they needed to meet and resolve the outstanding issues. He expressed concern that Animal Control had not proven the dogs were malnourished or determined which dogs were on site. City Attorney Nerland reviewed the options available for the Appeals Board. She stated the Municipal Code allowed the Board to continue a matter however it may not change the circumstances for whether those citations should have been issued. Following discussion and with the agreement of all parties, the Board of Appeals agreed to continue the item and directed the applicant to come into compliance with City regulations. In response to City Attorney Nerland, the appellant agreed to a sixty (60) day continuance with the understanding the hearing occur before August 31, 2014. In response to Board Member Simpson, Board Member Schneider clarified when the matter returned, the Board would be considering the citation with any mitigating circumstances. On motion by Board Member Schneider, seconded by Board Member Schleder, the Board of Administrative Appeals unanimously CONTINUED 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, for sixty (60) days up through August 31, 2014. 3. NEW ITEM – ELECTION OF CHAIR AND VICE CHAIR On motion by Board Schneider, seconded by Board Member Schleder, the Board of Administrative Appeals appointed Diane Busenbarrick as Chair and Deborah Simpson as Vice Chair. The motion carried the following vote: Ayes: Busenbarrick, Simpson, Schneider and Schleder Abstain: Adeyemi PUBLIC COMMENTS - None WRITTEN/ORAL COMMUNICATIONS - None BOARD OF ADMINISTRATIVE APPEALS Regular Meeting June 6, 2014 Page 6 of 6 ADJOURNMENT Chairperson Busenbarrick adjourned the Administrative Board of Appeals meeting at 4:39 p.m. to the next regularly scheduled meeting on July 3, 2014. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk