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 JUNE 2, 2016 3:00 P.M. 3:00 P.M. ROLL CALL Deborah Simpson, Chairperson Frederick Rouse, Vice Chairperson Andrew Schleder Ademuyiwa “Ade” Adeyemi Martin T. Gonsalves Vacant, Alternate PLEDGE OF ALLEGIANCE OATH for all intending to testify 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MEETING MINUTES FOR MAY 5, 2016 Recommended Action: Motion to approve the minutes STAFF REPORT B. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTH OF MARCH 2016 STAFF REPORT 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.  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 May 5, 2016 3:00 P.M. Council Chambers Chairperson Simpson called the meeting to order at 3:02 P.M. on Thursday, May 5, 2016 in the Council Chambers. ROLL CALL: Present: Board Members Adeyemi, Gonsalves, Rouse and Chairperson Simpson Absent: Board Member Schleder Staff Present: City Clerk, Arne Simonsen Minutes Clerk, Kitty Eiden Code Enforcement Assistant, Denise Skaggs Interim Code Enforcement Manager, Mike Aguirre PLEDGE OF ALLEGIANCE Chairperson Simpson led the board, staff, and public in the Pledge of Allegiance. 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MEETING MINUTES FOR APRIL 7, 2016 On motion by Board Member Rouse, seconded by Board Member Adeyemi, the Board of Administrative Appeals approved the Minutes for April 7, 2016. The motion carried the following vote: Ayes: Adeyemi, Rouse, Simpson Abstain: Gonsalves Absent: Schleder B. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTH OF FEBRUARY 2016 Board Member Gonsalves stated in his professional capacity, he represented the owners of 1006 West 7th Street; therefore, he would abstain from voting on assessments for that property. Chairperson Simpson requested the citation address be placed after the owners name and prior to the owner’s address, on the spreadsheet. 1A 06-02-16 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting May 5, 2016 Page 2 of 2 On motion by Board Member Gonsalves, seconded by Board Member Adeyemi, the Board of Administrative Appeals confirmed each assessment and the amount thereof, as proposed or as corrected and modified, and ordered it assessed against the property, with the exception of the assessments against 1006 West 7th Street. 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. The motion carried the following vote: Ayes: Adeyemi, Gonsalves, Rouse, Simpson Absent: Schleder On motion by Board Member Adeyemi, seconded by Board Member Rouse, the Board of Administrative Appeals unanimously confirmed the assessment and the amount thereof, as proposed or as corrected and modified, and ordered it assessed against the property at 1006 West 7th Street. 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. The motion carried the following vote: Ayes: Adeyemi, Rouse, Simpson Abstain: Gonsalves Absent: Schleder PUBLIC COMMENTS - None WRITTEN/ORAL COMMUNICATIONS In response to Board Member Rouse, City Clerk Simonsen stated that he could report a property out of compliance to the City while serving as a member of the Board of Appeals. Board Member Gonsalves added that if the person receiving the citation requested a hearing, he would suggest the Board Member disclose if they had reported it. Chairperson Simpson welcomed Board Member Gonsalves to the Board of Administrative Appeals and congratulated Board Member Adeyemi for becoming a full member on the Board. ADJOURNMENT Chairperson Simpson adjourned the Administrative Board of Appeals meeting at 3:09 P.M. to the next regularly scheduled meeting on June 2, 2016. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk STAFF REPORT TO THE BOARD OF ADMINISTRATIVE APPEALS FOR CONSIDERATION AT THE HEARING ON June 2, 2016 Prepared by: Mike Aguirre, lnterim Code Enforcement Manag� Date: May 23, 2016 Subject: Approval of the Levy of Special Assessments on Certain Properties for Unpaid Administrative Citations & Abatements for the Month of March, 2016 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 (Attachment "A"). The Board shall also direct that the same be recorded with the Contra Costa County Recorders Office and thereafter the assessment shall constitute a special assessment and líen against the property. FISCAL IMPACT The action will enable the City of Antioch to collect outstanding receivables against properties for the month of March 2016, in the amount of $8,711.08. BACKGROUND INFORMATION Pursuant to Antioch Municipal Code §1-5.09 the City may collect any past due Administrative Citation fines, Abatements or late payment charges by use of special assessment liens and all action for recovery of money. A Notice of lntent to Record Líen was sent to each property owner who is entitled to notice reflecting the property address directly connected to conditions or activities on the subject real property, assessors parcel number, the municipal code violation, administrative citation fine and copy of the administrative citations. ATTACHMENT A: List of assessments 1B 06/02/16