Board of Administrative Appeals

Agenda prepared by: City Clerk (925) 779-7009 BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL AGENDA CONTINUED MEETING ADJOURNED FROM AUGUST 28, 2014 TO SEPTEMBER 4, 2014 Council Chambers 200 “H” Street SEPTEMBER 4, 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 SPECIAL MEETING MINUTES FOR JULY 24, 2014 Recommended Action: Motion to approve the minutes MINUTES B. APPROVAL OF ADMINISTRATIVE APPEALS MEETING MINUTES FOR AUGUST 7, 2014 Recommended Action: Motion to approve the minutes MINUTES 2. APPEALS OATH for all intending to testify on an appeal STAFF REPORT A. CITATION NO. 32355 – Continued 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 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. Agenda prepared by: City Clerk (925) 779-7009 BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL SPECIAL MEETING Council Chambers 200 “H” Street AUGUST 28, 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 SPECIAL MEETING MINUTES FOR JULY 24, 2014 Recommended Action: Motion to approve the minutes B. APPROVAL OF ADMINISTRATIVE APPEALS MEETING MINUTES FOR AUGUST 7, 2014 Recommended Action: Motion to approve the minutes 2. APPEALS OATH for all intending to testify on an appeal A. CITATION NO. 32355 – Continued 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 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 Special Meeting July 24, 2014 3:00 P.M. Council Chambers Vice Chairperson Simpson called the meeting to order at 3:05 P.M. on Thursday, July 24, 2014 in the Council Chambers. ROLL CALL: Present: Board Members Schneider, Schleder, Rouse, Adeyemi and Vice Chairperson Simpson Absent: Chairperson Busenbarrick Staff Present: City Attorney, Lynn Tracy Nerland City Clerk, Arne Simonsen Supervisor Animal Services, Monika Helgemo Animal Control Officer, Ada Gomez Animal Control Officer, Andrea Sutherland Minutes Clerk, Kitty Eiden PLEDGE OF ALLEGIANCE Board Member Schneider led the board, staff and public in the Pledge of Allegiance. 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MINUTES FOR JUNE 5, 2014. On motion by Board Member Schneider, seconded by Board Member Schleder, the Board of Administrative Appeals approved the minutes for June 5, 2014. The motion carried the following vote: Ayes: Simpson, Schneider, Schleder, Adeyemi Abstain: Rouse Absent: Busenbarrick City Attorney Nerland explained the manner in which the proceedings would be conducted and reviewed the options available for the Appeals Board. 2. APPEAL OATH City Clerk Simonsen administered the Oath for all persons present intending to testify on the appeal. 1A 08-28-14 BOARD OF ADMINISTRATIVE APPEALS Special Meeting July 24, 2014 Page 2 of 4 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 Animal Control Officer Ada Gomez presented the staff report dated July 24, 2014 recommending the Board of Administrative Appeals deny the appeal and uphold the Potentially Dangerous Animal Declaration with terms and conditions of confinement for a three (3) year period in accordance with Antioch Municipal Code § 6.1-801 (B) Potentially Dangerous Animal (3). In response to the Board, Animal Control Officer Gomez stated the victim dog owner had identified the responsible dog. She explained that the warning letter dated May 19, 2010, indicating the animal had displayed aggressive behavior, instructed the owner to comply with applicable regulations. APPELLANT LaQuetta Everett, presented the Board with letters from individuals unable to attend the meeting. She stated “Brownie” had never displayed signs of aggression toward humans or animals. She provided a photo of the fence and reported that the dog had escaped through a board that was knocked loose by her son. She also provided a photo of “Brownie” in the company of another canine, showing no sign of aggressive behavior. She stated she believed “Brownie” felt cornered when she was tied to a pole and therefore she attacked. She noted there was a previous incident, when “Brownie” was bitten by another dog and therefore she was frightened and became defensive when dogs showed aggression. She explained that she had reviewed the Veterinarian’s assessment of the victim dog, and she felt the fractures were the result of a pre-existing condition. She questioned why the victim dog was not taken to the veterinarian for surgery until the next day. She stated she was unaware of a letter dated May 19, 2010; however there was a previous occasion when pest control had let Brownie out and there was a minor incident with another dog. She stated she had not had the opportunity to review the staff report until last night and explained that her dog was loving, not dangerous and would only react, if provoked. In response to Board Member Schneider, Ms. Everett stated there was no evidence “Brownie” was provoked however she assumed she became aggressive because she was tied to a pole. She noted the report indicated her dog was tied to the pole afterward; however she felt that information was inaccurate. She noted if Brownie wanted to hurt the dog she could have killed it, however there were only puncture wounds and reiterated that other injuries were the result of a pre-existing condition. In response to Board Member Adeyemi, Ms. Everett stated she was able to get the staff report seventy-two (72) hours before the meeting however, last night was the first opportunity she was able to review the information. BOARD OF ADMINISTRATIVE APPEALS Special Meeting July 24, 2014 Page 3 of 4 In response to Board Member Rouse, Ms. Everett stated she had let Brownie into the backyard at 9:00 A.M. and was notified that she of the incident at approximately 10:00 A.M. In response to Board Member Adeyemi, Ms. Everett stated she was willing to get a larger kennel and spay Brownie. City Attorney Nerland stated that should the Board uphold the determination of a potentially dangerous dog, the dog owner would be required to comply with the Antioch Animal Service Dangerous Animal Declaration Terms and Conditions or surrender the dog. Ms. Everett reported that she had paid for the dog license however since she was on bed rest and was unable to obtain a rabies vaccination. Sylvia Langley, Victim Dog Owner, stated she believed the responsible dog was not a danger to humans and clarified “Brownie” was tied to the pole after the incident. She stated she was never informed by her Veterinarian that her dog had a pre-existing condition. She noted her dog was standing still when attacked and “Brownie” was not provoked. Al Gilbert, stated he had known “Brownie” for years and she was not aggressive toward other animals or humans. He offered his sympathy to Ms. Langley. Jamar Brown stated he had known “Brownie” for years and she had never been aggressive with other dogs or humans. He stated in order for her to have attacked, she must have felt threatened. In response to Board Member Rouse, Mr. Brown reported when his dog had a litter, she had challenged Brownie and therefore she may have felt she needed to defend herself, when challenged. REBUTTAL Animal Control Officer Ada Gomez clarified the item before the Board was the potentially dangerous animal declaration of Antioch Municipal Code § 6.1-801 (B) Potentially Dangerous Animal (3), which is any dog or animal, which unprovoked has bitten, inflicted injury or otherwise caused injury attacking a domestic animal. She stated the dog was loose when the incident occurred and there was potential that the victim dog owner could have fallen or been bitten. She reported the dog was previously impounded in 2010 which was a warning to her owner to make certain she was secure at all times. She clarified the call for service came in at 10:29 A.M. REBUTTAL Ms. Everett reiterated her dog was friendly with other animals and the 2010 incident was a result of her pest control service letting her out. She stated she took measures to assure the BOARD OF ADMINISTRATIVE APPEALS Special Meeting July 24, 2014 Page 4 of 4 dog would not get out again by only letting her outside to use the bathroom. She stated she was willing to purchase a large kennel. In response to Board Member Adeyemi, Ms. Everett stated she does not have the means to build a cage and she was not willing to abide by the dangerous animal declaration terms and conditions. She stated she was willing to make sure her dog would not get out again. Board Member Schneider stated the issue before the Board was whether Brownie was a potentially dangerous animal. He noted there was no evidence she was provoked and the only witness testified to that matter. He further noted the case meets the definition of the potentially dangerous dog and he recommended the citation be upheld and the appeal be denied. In response to Board Member Rouse, City Attorney Nerland clarified if the Board determined that the dog was potentially dangerous, and the owner would need to abide by the terms and conditions or surrender the dog to the City. She noted Animal Services would provide the standards for the appropriate kennel size to the appellant. On motion by Board Member Schneider, seconded by Board Member Schleder, the Board of Appeals unanimously upheld the determination that “Brownie” was a Potentially Dangerous Animal as determined by Antioch Animal Services and denied the appeal. City Attorney Nerland stated she would provide the Board of Appeals determination in writing to the appellant and her recourse would be to either appeal to the Contra Costa Superior Court; agree to abide by the terms and conditions and work with staff to get those in place so that the dog could be released; or surrender the dog to Antioch Animal Services. PUBLIC COMMENTS - None WRITTEN/ORAL COMMUNICATIONS City Attorney Nerland announced the next Board of Appeals meeting would be held on August 7, 2014. She stated she anticipated Deputy Director of Community Development/Recreation Graham would make a presentation on the citation process with Code Enforcement. She stated Board Members would be receiving an email from Deputy City Clerk Garcia regarding a continued item scheduled for August 28, 2014. ADJOURNMENT Vice Chairperson Simpson adjourned the Administrative Board of Appeals meeting at 4:01 P.M. to the next regularly scheduled meeting on August 7, 2014. Respectfully Submitted, __________________________ Kitty Eiden, Minutes Clerk  BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Regular Meeting August 7, 2014 3:00 P.M. Council Chambers Vice Chairperson Simpson called the meeting to order at 3:06 P.M. on Thursday, August 7, 2014 in the Council Chambers. ROLL CALL: Present: Board Members Schneider, Schleder, Adeyemi and Vice Chairperson Simpson Absent: Board Member Rouse and Chairperson Busenbarrick Staff Present: City Attorney, Lynn Tracy Nerland Deputy Director of Community Development, Ryan Graham Environmental Resource Coordinator, Julie Hass-Wadjowicz Minutes Clerk, Kitty Eiden PLEDGE OF ALLEGIANCE Vice Chairperson Simpson led the board, staff and public in the Pledge of Allegiance. 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS SPECIAL MEETING MINUTES FOR JULY 24, 2014 On motion by Board Member Schneider, seconded by Board Member Schleder the Board of Appeals continued the minutes for July 24, 2014. City Attorney Nerland explained the manner in which the proceedings would be conducted and reviewed the options available for the Appeals Board. She administered the Oath for all persons present intending to testify on the appeal. 2. APPEAL A. CASE NO. CE1406-033 / APN NO. 056-190-005-1 – Appeal of Abatement Notice issued regarding Solid Waste and Recycling; Mandatory Service [§6- 3.02(F)] and Solid Waste and Recycling Containers; Location [§6-3.03(C)] for Tony Vuong/Stephanie Tran, 5254 Prewett Ranch Drive, Antioch, CA Environmental Resource Coordinator Wadjowicz presented the staff report dated July 29, 2014 recommending the Board of Administrative of Appeals uphold the abatement process initiated by staff. In doing so, staff will subscribe the property for six months of service in compliance 1B 08-28-14 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting August 7, 2014 Page 2 of 3 with Antioch Municipal Code §6-3.02(F) on August 18, 2014 unless service has been initiated by the resident prior to that date. In response to Board Member Schneider, Environmental Resource Coordinator Wadjowicz clarified she had spoken to Ms. Tran who conceded that she had not subscribed to garbage service. APPELLANT Stephanie Tran, Antioch resident, stated she was aware of the City’s requirements however she was appealing since they had not produced enough garbage to fill the smallest cart and neither had her brother, therefore they shared service to save money and reduce time for waste management. She stated the City allowed for a yard waste exemption and therefore she requested the Board consider amending the City ordinance to allow exemptions for shared waste services. She stated being forced by the City to pay for services that were not needed, was unfair. REBUTTAL Environmental Resource Coordinator Wadjowicz reported the yard waste exemption form was created in 1999 for residences that generated no yard for disposal. She noted the appellant had garbage for disposal therefore they need to have garbage service. Board Member Schneider stated the appellant admitted she did not have the required service which was a violation of the Antioch Municipal Code. He noted it was not under the purview of the Board of Appeals to give an exemption or exception. In response to Board Member Schleder, Environmental Resource Coordinator Wadjowicz clarified the $250.00 abatement fee had not been charged and if the Board of Appeals upheld the abatement process and the appellant acquires garbage service within ten (10) days after the meeting, there would be no abatement fee. On motion by Board Member Schneider, seconded by Board Member Schleder the Board of Appeals upheld the abatement process. The motion carried the following vote: Ayes: Schneider, Schleder, Adeyemi Abstain: Simpson Absent: Busenbarrick, Rouse 3. NEW ITEM – CODE ENFORCEMENT, ABATEMENT AND CITATION PRESENTATION Deputy Director of Community Development Graham gave a Code Enforcement, Abatement and Citation presentation. BOARD OF ADMINISTRATIVE APPEALS Regular Meeting August 7, 2014 Page 3 of 3 City Attorney Nerland added Code Enforcement and Animal Services did not generate revenue for the City; the goal was to have residents comply with the City’s codes and ordinances. PUBLIC COMMENTS - None WRITTEN/ORAL COMMUNICATIONS City Attorney Nerland announced Councilmember Gary Agopian had passed away on July 28, 2014 and his Memorial Service would be held at 2:00 P.M. on August 12, 2014 at Golden Hills Church. She noted the August 12, 2014 City Council meeting would be at 7:00 P.M. and dedicated in his honor and a proclamation recognizing his service to the City would be read. ADJOURNMENT Vice Chairperson Simpson adjourned the Administrative Board of Appeals meeting at 3:52 P.M. to the Special Meeting on August 28, 2014. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk