Board of Administrative Appeals

Agenda prepared by: Office of the City Clerk (925) 779-7009 BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Council Chambers 200 “H” Street FEBRUARY 5, 2015 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 JANUARY 8, 2015 MINUTES Recommended Action: Motion to approve the minutes B. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTHS OF NOVEMBER AND DECEMBER 2014 Recommendation: The Board of Administrative Appeals shall confirm each assessment and the amount thereof, as proposed or as corrected and modified, and order it assessed against the property. The Board shall also direct that the same be recorded with the Contra Costa County Recorder’s Office and thereafter the assessment shall constitute a special assessment and lien against the property. STAFF REPORT 2. APPEALS OATH for all intending to testify on an appeal A. CITATION NO. 23881/CASE NO. CE1412-016 – APPEAL OF ADMINISTRATIVE CITATION ISSUED REGARDING TREES, HEDGES, FENCES, AND SHRUBBERY [§7-2.623] FOR ALLEN AND ANASTASIA BROUSSARD, 1100 NEAH COURT, ANTIOCH, CA STAFF REPORT  B. CITATION NO. 23883/CASE NO. CE1411-050 – APPEAL OF ADMINISTRATIVE CITATION ISSUED REGARDING SPECIFIC NUISANCES PROHIBITED [§5-1.202(A2) AND §5-1.202(B)] FOR ALBERTO AND HENRIETTA VITUG, 2085 MOKELUMNE DRIVE, ANTIOCH, CA STAFF REPORT 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 January 8, 2015 4:00 P.M. Council Chambers Vice Chairperson Simpson called the meeting to order at 4:07 P.M. on Thursday, January 8, 2015 in the Council Chambers. ROLL CALL: Present: Board Members Schneider, Rouse, Adeyemi and Vice Chairperson Simpson Absent: Board Members Schleder and Chairperson Busenbarrick Staff Present: City Attorney, Lynn Tracy Nerland Deputy Director of Community Development, Ryan Graham Code Enforcement Officer, Andrew Shuck City Clerk, Arne Simonsen 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 MEETING MINUTES FOR DECEMBER 4, 2014 On motion by Board Member Schneider, seconded by Board Member Adeyemi, the Board of Administrative Appeals unanimously approved the minutes of December 4, 2014. B. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTHS OF OCTOBER AND NOVEMBER 2014 Deputy Director of Community Development Graham presented the staff report dated December 29, 2014 recommending the Board of Administrative Appeals confirm each assessment and the amount thereof, as proposed or as corrected and modified, and order it assessed against the property. The Board shall also direct that the same be 1A 02-05-15 BOARD OF ADMINISTRATIVE APPEALS Special Meeting January 8, 2015 Page 2 of 3 recorded with the Contra Costa County Recorder’s Office and thereafter the assessment shall constitute a special assessment and lien against the property. On motion by Board Member Schneider, seconded by Board Member Rouse, the Board of Administrative Appeals unanimously confirmed each assessment and the amount thereof, as proposed or as corrected and modified, and order it assessed against the property. The Board also directed that the same be recorded with the Contra Costa County Recorder’s Office and thereafter the assessment shall constitute a special assessment and lien against the property. 2. APPEALS A. CITATION NO. 23822 – APPEAL OF ADMINISTRATIVE CITATION ISSUED REGARDING SPECIFIC NUISANCES PROHIBITED: PARKING AND STORAGE OF VEHICLES AND EQUIPMENT – UNIMPROVED SURFACE [§5-1.202(D)(2)] FOR KENNY DE RESPINI, 403 W. 19TH STREET, ANTIOCH, CA City Attorney Nerland announced the appellant was not present and recommended the Appeal be heard by the Board of Administrative Appeals. She noted if the appellant arrived he would be allowed the opportunity to speak on this item. Code Enforcement Officer Shuck presented the staff report dated December 17, 2014 recommending the Board of Administrative Appeals uphold the Administrative Citation issued to Kenny DeRespini for violation of the Antioch Municipal Code § 5-1.202 (D) (2). In response to Board Member Adeyemi, Deputy Director of Community Development Graham explained the citation fee was a tool for compliance and the inspection fee was for the City to recoup the cost of the inspections. He added that if the violation is cleared after the notice of violation and prior to the follow-up inspection, the appellant would not have incurred any fees. On motion by Board Member Rouse, seconded by Board Member Adeyemi, the Board of Administrative Appeals unanimously upheld the Administrative Citation issued to Kenny DeRespini for violation of the Antioch Municipal Code § 5-1.202 (D) (2). PUBLIC COMMENTS - None WRITTEN/ORAL COMMUNICATIONS Board Member Rouse complimented Code Enforcement Officer Shuck’s penmanship. BOARD OF ADMINISTRATIVE APPEALS Special Meeting January 8, 2015 Page 3 of 3 ADJOURNMENT Vice Chairperson Simpson adjourned the Administrative Board of Appeals meeting at 4:18 P.M. to the next regularly scheduled meeting on February 5, 2015. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk