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 APRIL 2, 2015 3:00 P.M. 3:00 P.M. ROLL CALL Deborah Simpson, Chairperson Frederick Rouse, Vice Chairperson Diana Busenbarrick Andrew Schleder Mike Schneider Ademuyiwa “Ade” Adeyemi, Alternate PLEDGE OF ALLEGIANCE OATH for all intending to testify 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MEETING MINUTES FOR MARCH 5, 2015 MINUTES Recommended Action: Motion to approve the minutes 2. REGULAR AGENDA A. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTHS OF JANUARY AND FEBRUARY 2015 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 STAFF REPORT STAFF REPORT STAFF REPORT B. NOTICE OF VIOLATION APPEAL FILED BY THOMAS B. TROST, “B” STREET, ANTIOCH, CA 94509 [§5-1.202(A1 a), §5-1.202(D) AND §9-5.3830] 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 Regular Meeting March 5, 2015 3:00 P.M. Council Chambers Vice Chairperson Simpson called the meeting to order at 3:08 P.M. on Thursday, March 5, 2015 in the Council Chambers. ROLL CALL: Present: Board Members Schleder, Rouse, Adeyemi and Vice Chairperson Simpson Absent: Board Member Schneider and Chairperson Busenbarrick Staff Present: Animal Services Supervisor, Monika Helgemo Animal Control Officer, Ada Gomez Animal Control Officer, Andrea Sutherland City Clerk, Arne Simonsen Deputy City Clerk, Christina Garcia Minutes Clerk, Kitty Eiden PLEDGE OF ALLEGIANCE Vice Chairperson Simpson led the board, staff, and public in the Pledge of Allegiance. City Attorney Nerland gave introductory comments. 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MEETING MINUTES FOR FEBRUARY 5, 2015 On motion by Board Member Rouse, seconded by Board Member Adeyemi, the Board of Administrative Appeals approved the minutes. The motion carried the following vote: Ayes: Simpson, Rouse, Adeyemi Abstain: Schleder B. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTHS OF DECEMBER 2014 AND JANUARY 2015 1A 04-02-15 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting March 5, 2015 Page 2 of 5 On motion by Board Member Rouse, seconded by Board Member Schleder, 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. APPEAL City Attorney Nerland explained the manner in which the proceedings would be conducted and reviewed the options available for the Appeals Board. She noted two items had been entered into the record; an item from the City Clerk’s office with clearer copies of staff report photos and a statement with photos from Sheryl Cox. City Clerk Simonsen administered the Oath for all persons present intending to testify on the appeal. A. ANIMAL ID# A114619 “Lucky” (dog) – Appeal filed by Eleuterio Olveda, 2401 Silveria Way, Antioch, CA 94531 to overturn the “Potentially Dangerous Animal” [§6-1.801(B)(3)] determination made by Antioch Animal Services Animal Control Officer Gomez presented the staff report dated March 5, 2015 recommending the Board of Administrative Appeals deny the appeal and uphold the Potentially Dangerous Animal Declaration of January 13, 2015. Eleuterio Olveda explained his dog was chasing a ball when it encountered the victim dog at the edge of his driveway. He noted at that time, the victim dog snapped at his dog and the victim dog owner, kicked him and hit his girlfriend. He stated his dog had never shown signs of aggression; however, that action caused his dog to react in a defensive manner. He commented that the victim dog owner had not informed them that her dog had been bitten until two hours after the encounter. In response to Board Member Rouse, Mr. Olveda clarified that he was not home when the incident occurred. Breann Lewis stated it was not in the responsible dog’s character to be dangerous and she believed he reacted as a result of being provoked. In response to the Board, Ms. Lewis explained the incident occurred where the driveway meets sidewalk and she was at the end of the driveway when it took place. She commented that her dog was protective; however, he was not aggressive. She BOARD OF ADMINISTRATIVE APPEALS Regular Meeting March 5, 2015 Page 3 of 5 noted they did not want him deemed as a potentially dangerous dog and further noted he had been licensed since the event took place. Ms. Olveda (Eleuterio Olveda’s mother), stated she had raised the responsible dog until he was approximately eight (8) months old and he had never shown signs of aggression. She requested the Board uphold the appeal. Sheryl Cox reported her family and her dog, on leash, were walking to the park. As they approached the address of the incident, the responsible dog, unleashed, came out of the opened garage door and got on top of her dog. Ms. Cox stated there was no ball that the responsible dog was chasing. She further clarified her dog never snapped at the responsible dog and she never made contact with the dog or the dog’s owner while she was attempting to separate them. She noted it wasn’t until they were at the park that she discovered her dog was bleeding from his neck and back as her dog has long hair. She further noted when she returned to the residence an hour later to inform the responsible dog owner of the wounds, dog owner Breann Lewis used profanities and never acknowledged or apologized for the incident. In response to the Board, Ms. Cox stated the dog’s owner was in the garage area when the incident began. She noted her dog never snapped, growled, or barked at the responsible dog. REBUTTAL Eleuterio Olveda stated due to a recent death in his family, his dog’s license and vaccinations had lapsed. He reported a delay in the appeal process by staff caused him to incur additional fees for boarding his dog at the shelter. In response to the Board, he stated the reason given for the delay in the appeal process was that staff did not have sufficient time to submit a report to the Board. He expressed concern that he was unable to review the staff report until March 4, 2015 and he was denied access to his dog at the shelter. He confirmed his dog was off leash and stated he assumed the information in the report was correct; however, he believed the incident was a defensive action by his dog to protect his property and family. REBUTTAL Animal Control Officer Gomez stated she had never been informed the victim dog had acted in an aggressive manner and clarified the responsible dog was not currently licensed in the City of Antioch. She noted the dog could have been returned to the owner if the stipulations of the PDA declaration had been met. BOARD OF ADMINISTRATIVE APPEALS Regular Meeting March 5, 2015 Page 4 of 5 For the record, City Attorney Nerland stated there was a letter, attached to the staff report, dated January 13, 2015, from the City to the appellant, outlining costs. Animal Services Supervisor Helgemo stated all fees incurred would have to be paid for when the animal was picked up. She noted the appellant stated he did not have an issue with the PDA declaration; however, he wanted to appeal the stipulation requiring his dog be neutered. She noted that she informed the appellant he could not appeal the stipulations. Vice Chairperson Simpson closed the floor to public comment. Following discussion, City Attorney Nerland reviewed the options available for the Appeals Board. A motion by Board Member Rouse to impose all fines and stipulations with the exception of neutering was withdrawn for further discussion. Following discussion, Vice Chairperson Simpson reopened the floor to public comment. Animal Services Supervisor Helgemo explained the stipulation to neuter was to avoid passing on aggressive genes to potential offspring and noted an intact male had a higher tendency to be involved in biting/attacking another animal or person. She further noted stipulations were in the municipal code and applied to any potentially dangerous or vicious animal. Vice Chairperson Simpson closed the floor to public comment. On motion by Board Member Rouse, seconded by Board Member Adeyemi, the Board of Administrative Appeals denied the appeal and upheld the Potentially Dangerous Animal Declaration of January 13, 2015. The motion carried the following vote: Ayes: Simpson, Rouse, Adeyemi Noes: Schleder 3. NEW ITEM – ELECTION OF CHAIR AND VICE CHAIR City Attorney Nerland explained this item was on the agenda as a result of Chairperson Busenbarrick informing the City that, due to health reasons, she would no longer be able to serve as Chair. On motion by Board Member Rouse, seconded by Board Member Schleder, the Board of Administrative Appeals unanimously appointed Vice Chairperson Simpson as Chair. BOARD OF ADMINISTRATIVE APPEALS Regular Meeting March 5, 2015 Page 5 of 5 On motion by Board Member Adeyemi, seconded by Board Member Schleder, the Board of Administrative Appeals unanimously appointed Board Member Rouse as Vice Chair. PUBLIC COMMENTS – None WRITTEN/ORAL COMMUNICATIONS – None ADJOURNMENT Chairperson Simpson adjourned the Administrative Board of Appeals meeting at 4:35 P.M. to the next regularly scheduled meeting on April 2, 2015. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk