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 JULY 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 JUNE 4, 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 APRIL AND MAY 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  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 4, 2015 3:00 P.M. Council Chambers Chairperson Simpson called the meeting to order at 3:07 P.M. on Thursday, June 4, 2015 in the Council Chambers. ROLL CALL: Present: Board Members Schneider, Adeyemi and Chairperson Simpson Absent: Board Members Busenbarrick, Rouse and Schleder Staff Present: Interim City Attorney, Sean De Burgh Code Enforcement Assistant, Denise Skaggs City Clerk, Arne Simonsen Deputy City Clerk, Christina Garcia Minutes Clerk, Kitty Eiden PLEDGE OF ALLEGIANCE Chairperson Simpson led the board, staff and public in the Pledge of Allegiance. Interim City Attorney De Burgh 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 CONTINUED MEETING MINUTES FOR APRIL 16, 2015 B. APPROVAL OF ADMINISTRATIVE APPEALS SPECIAL MEETING MINUTES FOR APRIL 30, 2015 On motion by Board Member Schneider, seconded by Board Member Adeyemi, the Board of Administrative Appeals unanimously approved the minutes for April 16, 2015 and April 30, 2015. 1A 07-02-15 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting June 4, 2015 Page 2 of 3 C. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTHS OF MARCH AND APRIL 2015 On motion by Board Member Schneider, seconded by Board Member Adeyemi, 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. REGULAR AGENDA A. CASE NO. CE1502-104/ APN NO. 074-421-020 – APPEAL OF SUMMARY ABATEMENT [§5-1.314] NOTICE ISSUED TO ROBRIELLE BEVERLY, 2201 DOGWOOD WAY, ANTIOCH, CA Code Enforcement Assistant Skaggs presented the staff report dated April 24, 2015 recommending the Board of Administrative Appeals uphold the demand and Special Assessment for the Summary of Abatement Costs. Robrielle Beverly, owner of subject property, explained that she was at an appointment in Brentwood and while talking with her relative on the phone, she had a seizure. She noted when she came out of the seizure and returned home, her window had been boarded up and a note was left that the Antioch Police Department had forced entry to conduct a welfare check. She stated she was not home when the incident occurred and felt she should not be responsible to repay the City for the abatement costs. In response to Board Member Adeyemi, Ms. Beverly noted she was not aware of what had happened during the seizure; however, she assumed her relative had called 911. Following discussion, the Board Members agreed the Antioch Police Department exercised due diligence when they responded to the residence to perform a welfare check which required forced entry when they had not received a response at the door. They also felt it was appropriate for the City to secure the property prior to leaving the area. Board Member Schneider suggested eliminating administrative fees from the abatement costs. On motion by Board Member Schneider, seconded by Board Member Adeyemi, the Board of Administrative Appeals unanimously denied the appeal and upheld the demand BOARD OF ADMINISTRATIVE APPEALS Regular Meeting June 4, 2015 Page 3 of 3 for Special Assessment for Summary Abatement Costs in the amount of $502.84 and eliminating the administrative fee of $250.00. PUBLIC COMMENTS - None WRITTEN/ORAL COMMUNICATIONS - None ADJOURNMENT Chairperson Simpson adjourned the Administrative Board of Appeals meeting at 3:30 P.M. to the next regularly scheduled meeting on July 2, 2015. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk