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 MAY 4, 2017 3:00 P.M. 3:00 P.M. ROLL CALL Deborah Simpson, Chairperson Frederick Rouse, Vice Chairperson Andrew Schleder Ademuyiwa “Ade” Adeyemi Vacancy April Ussam-Lemmons, Alternate PLEDGE OF ALLEGIANCE 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MEETING MINUTES FOR APRIL 6, 2017 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 FEBRUARY 2017 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. REGULAR AGENDA OATH for all intending to testify A. CASE NO. CD1701-026/ APN NO. 065-110-007 – APPEAL NOTICE OF VIOLATION ISSUED TO JOE BOSMAN FOR PROPERTY ADDRESS LOCATED AT 701 WILBUR AVENUE, 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 Friday, 8:30 a.m. to 4:30 p.m., 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 April 6, 2017 3:00 P.M. Council Chambers Chairperson Simpson called the meeting to order at 3:29 P.M. on Thursday, April 6, 2017 in the Council Chambers. ROLL CALL: Present: Board Members Schleder, Rouse and Chairperson Simpson Absent: Board Members Ussam-Lemmons and Adeyemi Staff Present: City Clerk, Arne Simonsen Minutes Clerk, Kitty Eiden Code Enforcement Assistant, Denise Skaggs Code Enforcement Manager, Curt Michael PLEDGE OF ALLEGIANCE Chairperson Simpson led the board, staff and public in the Pledge of Allegiance. 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MINUTES FOR MARCH 2, 2017 On motion by Board Member Schleder, seconded by Board Member Rouse, the Board of Administrative Appeals members present unanimously approved the Minutes for March 2, 2017. The motion carried the following vote: Ayes: Schleder, Rouse, Chairperson Simpson Absent: Ussam-Lemmons Adeyemi B. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTH OF JANUARY 2017. On motion by Board Member Rouse, seconded by Board Member Schleder, the Board of Administrative Appeals 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. The motion carried the following vote: Ayes: Schleder, Rouse, Chairperson Simpson Absent: Ussam-Lemmons Adeyemi PUBLIC COMMENTS - None 1A 05-04-17 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting April 6, 2017 Page 2 of 2 WRITTEN/ORAL COMMUNICATIONS Board Member Rouse apologized for his tardiness and stated it would not happen in the future. City Clerk Simonsen announced that Board Member Gonsalves had resigned and the vacancy had been announced. He encouraged Board Members to reach out to anyone interested in applying and noted applications were available online and at the City Clerk and Deputy City Clerk’s offices at City Hall. Board Member Rouse stated given April Ussam-Lemons history of serving on the Board, he would like to move her as the permanent member. City Clerk Simonsen clarified that the above action was out of order as nominations were made by the Mayor and approved by Council. He reported Board Member Ussam-Lemmons had submitted an application for the permanent position on the Board. Board Member Rouse thanked City Clerk Simonsen for the clarification. ADJOURNMENT Chairperson Simpson adjourned the Administrative Board of Appeals meeting at 3:33 P.M. to the next regularly scheduled meeting on May 4, 2017. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk STAFF REPORT TO THE BOARD OF ADMINISTRATIVE APPEALS FOR CONSIDERATION AT THE HEARING ON May 4, 2017 Prepared by: Curt Michael, Code Enforcement Manager Date: April 12, 2017 Subject: Approval of the Levy of Special Assessments on Certain Properties for Unpaid Administrative Citations & Abatements for the Month of February, 2017 RECOMMENDATION The Board of Administrative Appeals shall confirm each assessment and the amount thereof, as proposed or as corrected and modified, and arder 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 lien against the property. FISCAL IMPACT The action will enable the City of Antioch to collect outstanding receivables against properties for the month of February, 2017, in the amount of $9,960.00 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 Lien 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 05/04/17 STAFF REPORT TO THE ADMINISTRATIVE REVIEW PANEL FOR CONSIDERATION AT THE HEARING ON May 4, 2017 PREPARED BY: Justine Sidie, Code Enforcement Officer PREP ARED FOR: Administrative Board of Appeals APPROVED BY: Curt Michael, Code Enforcement Manager DATE: April 25, 2017 SUBJECT: Case No. CDl701-026 Wilbur Ave. Violation of Antioch Municipal Codes: §5-l.202(D)(2), §9-5.3830, §8-1.02 REOUEST: Joseph Bosman has requested a hearing to appeal a Notice ofViolation issued on January 30, 2017, for the following violations ofthe Antioch Municipal Code: §5-1.202 SPECIFIC NUISANCES PROHIBITED. Parking or storage of motor vehicles or other mobile equipment in any area not designated as a parking space on the approved site plan or on any unpaved surface including, but not limited to, dirt, grass or any other surface that is not concrete or a similar paving material. § 8-1.02 VIOLATIONS. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, eqnip, use, occnpy or maintain any bnilding or structure or cause or permit the same to be done in violation ofthe Code. Penalties may include citation and/or doubling of original permit fees. §9-5.3830 RECREATIONAL VEHICLES. It shall be unlawful for any person to keep or maintain or to permit to be placed, kept, or main-tained any recreational vehicle as a temporary or peimanent residence upon any lot, piece, or parce! of land within the city other than within an established recreational vehicle park. _2A.WEB_ 05-04-17 BACKGROUND INFORMATION: On 1-11-2017, the Code Enforcement Department received a complaint for multiple recreational vehicles at Wilbur Avenue being used as permanent and/or temporary residence. On 1-13-2017 I went to the property and attempted contact with Mr. Bosman. I also attempted contact at multiple buildings on the property including a residential building, a brick and mortar building and a workshop. I made contact with a female at the workshop who stated that she did not know anything about the RV's located to the rear of the prope1iy and provided me with Mr. Bosman's phone number. On 1-18-2017 I met with the City ofAntioch Planning Department who told me that the Antioch Municipal Code prohibits people living in RV's and that Mr. Bosman is only allowed to have two residential units on the property, which is the duplex located on the front ofthe property. On 1-26-2017, I returned to the prope1iy with Code Enforcement Manager Curt Michael to contact the occupants ofthe buildings on the prope1ty. I started at the building located on the front of the prope1ty. City records show this building is a duplex. I knocked on the West side entry <loor of the duplex and was able to malee contact with an occupant. This occupant told me that that there are tln·ee separate residential units in this building addressed "A" and that there are two other buildings on the prope1ty labeled "B" and "C". I then knocked on a second entry <loor located on the North side of the duplex. There was no answer. I then knocked on a third entry <loor located on the South side of the duplex and was able to make contact with an occupant. This occupant told me that there are four separate residential units in this building. I attempted knocked on a fourth entry <loor located on the south side ofthe duplex. There was no answer. Next, I knocked on the <loor of the building labeled "B". There was no response. Finally, I knocked on the <loor of the building labeled "C". City records show this building is approved to be nsed as a work shop. There was no response. While on scene I saw12 electrical meters in plain view of each of the bnilding's front doors. There are two electrical meters located on the building addressed "A". There is one electrical meter located on the building labeled "B". Six electrical meters are located on the building labeled "C". I saw one electrical meter that is actively supplying power to a recreational vehicle. There are two electrical meters along the West side ofthe property that are used as recreational vehicle connections but, at the time of inspection, they were not supplying power to anything. I attempted to contact the property owner Mr. Joseph Bosman via phone. I left a message requesting contact to discuss the condition ofhis property. On 1-27-2017 I conducted another property inspection with Code Enforcement Manager Crut Michael, Bnilding Inspector Mike Boccio, and property owner Joseph Bosman. Mr. Bosman provided historical documents related to the property, historical photos of the prope1ty, and an eviction notice for a tenant living at the property. I advised Mr. Bosman that the Code Enforcement Depmtment received a complaint for people living in multiple recreational vehicles on the property. 1 told Mr. Bosman that when I was at the prope1iy yesterday, I saw multiple electrical meters around the prope1iy which were installed without the proper permits. Mr. Bosman stated that the building addressed as A has three separate residential units inside the building. Building Inspector Mike Boccio advised Mr. Bosman that the City only approved that building to be used as a duplex. Mike Boccio told Mi·. Bosman that he is required to convert the building back to a duplex and to contact the building depmiment for an interior inspection. Mr. Bosman stated that B has been used as a residence for many years and that the building has a ful! bathroom and kitchen. Mike Boccio advised Mr. Bosmm1 that the building was not permitted to have a bathroom or kitchen inside. When asked, Mi·. Bosman did not grant access to the inside of this building. Mr. Bosmllil aliowed access into the approved workshop building addressed C. Ml. Bosmllil stated that he was installing additional walls inside the shop and that he may conve1i a portion of the workshop into additional residential units. A check of city building pennits found that Ml. Bosman has a pemút to construct the walls. As we continued the interior inspection of C, we found an unpe1mitted residential unit constrncted on the South end of the workshop. Mr. Bosmllil did not grant access to the inside of this living unit and it was inspected from the exterior only. Ml. Bosman stated that the unpe1mitted residential unit is a single unit with a second stmy for storage. Mr. Bosman allowed an inspection of the rear of the property where I saw severa! trailers and recreational vehicles stored on an unimproved surface on the East side of the property. Mr. Bosmllil stated that there m·e 15 occupied recreational vehicles on the property. Mr. Bosma!l told me that each recreational vehicle has its own electrical meter and sewer line, a!ld that he collects $550 a month in rent for each recreational vehicle on the prope1iy. In addition to the recreational vehicles stored on an unimproved surface, I saw severa! automobiles and boats on the rear of the prope1iy parked on llil unimproved surface. I also saw severa! inoperable vehicles stored on the property, out of public view. I advised Mr. Bosmllil that I will research al! approved uses for the property llild issue a Notice ofViolation for any condition that is not approved. On 1-30-2017, I made contact with Mr. Bosma!l at the property and issued a Notice of Violation. I explained the violations found during the inspection on Janumy 27, and told him that he will have to contact the building depmiment to obtain llil electrical pennit for ali the electrical meters, and have the sewer inspected. I also told him that ifhe wanted to keep the third unpe1mitted residential unit in A, the unpe1mitted residential unit in B, a!ld the unpennitted residential portion of C, he would have to contact the City of Antioch Plarming Department and apply for a use permit. If not, then he would have to restare them al! to their original use. I also told him that recreational vehicles cannot be used as a temporary or permanent residence in the City ofAntioch and he would have to remove al! of the recreational vehicles, boats and automobiles from the unimproved surface. Ml. Bosman was provided 1 O days to contact the Building Department and 30 days to have the recreational vehiclcs removed. On 2-1-2017, I met with Mr. Bosman, Planning Manager Alexis Morris and Code Enforcement Manager Curt Michael at City Hall to discuss the violations on the property. Mr. Bosman was infonned by Alexis that he was not allowed to have more than two residential units on the prope1iy, which is the front unit that is supposed to be a duplex. Alexis told Mr. Bosman that he would have to remove the unpe1mitted third residential unit from A, remove the unperrnitted residential unit from B, and remove the unpermitted residential pmiion of C. He was also told that he is not allowed to operate a RV park in Antioch or allow any recreational vehicle to be used as a ternporary or perrnanent residence. On 2-7-2017, Cmi Michael, Mike Boccio, Joseph Bosman and I met at the property to inspect the unpe1mitted sewer and electrical work. Mike Boccio told Mr. Bosrnan that he will not issue a perrnit to keep the unpennitted work due to the fact that he was not allowed to have thc additional units or the recreational vehicles on the property. Mike Boccio advised Mr. Bosman that when the recreational vehicles and unpermitted units have bcen removed from the property, the additional electrical and sewer lines will have to be removed. Dming the inspection, Mr. Bosrnan dug up multiple spots on the prope1iy to show that the recreational vehicles, boats and automobiles on the property are parked on an improved surface. On 3-28-2017 Mr. Bosrnan requested to reschedule his appeal hearing. Mr. Bosman was provided with a new appeal hearing on May 4, 2017 RECOMMENDATION: Recommendation to uphold the Notice of Violation issued to Joseph Bosrnan for violations ofthe Antioch Municipal Code 9-5.3830 From: Simonsen, Arne Sen!: Monday, April 24, 2017 2:09 PM To: '' Ce: García, Christina; Vigilia, Michael; Michael, Curt Subject: Notice of hearing before the Antioch Board of Adminstrative Appeals Attachments: Notice of Appeal hearing Joe Bosman 4-24-17.doc; General lnfo -Decisions-2014-1.doc Dear Mr. Bosman, Your appea/ will be heard befare the Board of Administrative Appeals on Thursday, May 4, 2017 at 3:00 p.m. in the City Council Chambers, 200 H Street, Antioch, CA. The Tolling Agreement of March 29, 2017 extended the required 60-day period far hearing an appeal and wil/ termínate with the hearing of your appeal on May 4, 2017. Al/ people who wish to speak on your appeal, inc/uding you, wil/ be required to take an Oath. You wi/1 be al/otted 5 minutes in which to present your case befare the Board and provide any additional supporting materials not previously submitted to the City Clerk. lf you have any questions, please do not hesitate to cal/ our office. Thank you. Sincere/y, Ame Símonsen City Clerk City of Antioch P.O. Box 5007 Antioch, CA 94531-5007 The City keeps a copy of ali E-mails sent and received for a minimum of 90 days. Ali retained E-mails will be treated as a Public Record per the California Public Records Act, and may be subject to disclosure pursuant to the terms and subject to the exemptions of that Act. 1 ·' April 24, 2017 Joe Bosman Subj: Notice of Hearing befare the Antioch Board of Administrative Appeals Ref: a) Your Citation Appeal application received February 9, 2017 b) Your request far an extension of your Citation Appeal receíved March 28, 2017 e) 60-day Tolling Agreement dated March 29, 2017 Dear Mr. Bosman, Your appeal will be heard befare the Board of Administrative Appeals on Thursday, May 4, 2017 at 3:00 p.m. in the City Council Chambers, 200 H Street, Antioch, CA. The Tolling Agreement of March 29, 2017 extended the required 60-day period far hearing an appeal and will terminate with the hearing of your appeal on May 4, 2017. AII people who wísh to speak on your appeal, including you, will be required to take an Oath. You will be allotted 5 minutes in which to present your case befare the Board and provide any additional supporting materials not previously submitted to the City Clerk. lf you have any questions, please do not hesitate to call our offíce. Thank you. Sincerely, Enclosure: General lnfarmation far Persons Appealing Decisions Office ofthe CihJ Clerk 200H Street P. O. Box 5007 Antioch CA 94531-5007 Pl1011e: (925) 779-7009/Fax: (925) 779-7007 ·� "{ OF ANrro . e, � . C',1LI FOR�'-� CITY OF ANTIOCH ADMINISTRATIVE BOARD OF APPEALS General lnformation for Persons Appealing Decisions The Administrative Board of Appeals is comprised of five Antioch residents, who are appointed by the Mayor and have volunteered their time to hear your appeal. The Board Menibers do not receive monetary compe'nsation for thelr time and they are not employees of the City. They do not make or control the law. They are hearing officers that will review your appeal because you have requested the City do so. As the person making the appeal (the appellant) please keep in mind the below: Schedule of Hearing: • When an appeal is requested, it is typically scheduled for the· first Thursday of every month. • You will receive written not1ce of the date and ·time of the appeal hearing from the City Clerk's office· 1 O days after you file your appeal. • The Agenda and Staff Reports will be posted onto our City's Website 72 hours before the Board of Administrative Appeals Hearing date. To view the Agenda information, click on the following link and then double click 'Board of Administrative Appeals': http://www.ci.antioch.ea.us/CityGov/agendas/. Other locations to view the Agenda are the City Council Chambers front window, City Clerk's Office, Antioch Branch Library, Senior Center on 2 nd Street, and the Antioch Community Center bn Lone Tree Way. When You Don't Show For Your Hearing: • lf you do not appear at the hearing time and date you have been -notified of, your appeal will be heard without you being there. How You Will Act At Your Appeal Hearing: • You and anyone else who is attending the appeal at your request will maintain a respectful attitude at all times, • lf you or anyone else does not maintain a respectful attitude,· you may be asked to leave the hearing by the Board Chairperson. • Your appeal is not an opportunity to debate or argue with City staff or Board members. Any questions should be directed to the Board Chairperson. • When you speak, you should talk about the reasons why you feel the Decision was wrongfully made. Rev. 03-03-14  PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA) ss I am a citizen of the United States and a resident of the county aforesaid; 1 am over the age of eighteen years and not a party to the within entitled action; my business address is Office of the City Clerk for the City of Antioch, 200 "H" Street, P.O. Box 5007, Antioch, California 94531-5007. On April 24, 2017, 1 served the within Notice, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Antioch, California addressed as follows: Joe Bosman 1, Ame Simonsen, certify (or declare), under penalty of perjury, that the foregoing is true and correct. Executed on April 24, 2017, at Antioch, California. 1 ;t ¡ 1 ·., 1, \ 1 '\ 1 '!, \ 1 • ·\ l. \ ,, / ·, J l • ) 1 Office of the CihJ Clerk 200H Street P. O. Box 5007 Antioch CA 94531-5007 Phone: (925) 779-7009/Fax: (925) 779-7007 From: Simonsen, Arne Sent: Tuesday, April 25, 2017 11 :50 AM To: García, Christina Subject: FW: Read report : Notice of hearing befare the Antioch Board of Adminstrative Appeals From: Sent: Monday, April 24, 2017 5:37 PM To: Simonsen, Arne Subject: Read report: Notice of hearing befare the Antioch Board of Adminstrative Appeals Recipient: Time ofreading : 4/24/2017 05:36 PM Subject: Notice ofhearing before the Antioch Board ofAdminstrative Appeals Dear Mr. Bosman, Your appeal will be heard before the Board ofAdministrative Appeals on Thursday, May 4, 2017 at 3:00 p.m. in the City Council Chambers, 200 H Street, Antioch, CA. The Tolling Agree 1  From: Simonsen, Arne Sent: Monday, April 24, 2017 2:55 PM To: '' Ce: Garcia, Christina; Vigilia, Michael Subject: FW: Notice of hearing before the Antioch Board of Adminstrative Appeals Attachments: Notice of Appeal hearing Joe Bosman 4-24-17.doc; General lnfo -Decisions-2014-1.doc Mr. Bosman, The Agenda and Staff Reports will be posted on the City's Website 72 hours befare the Board of Administrative Appeals Hearing of your Appeal on May 4, 2017. To view the Agenda infarmation go to www.ci.antioch.ca.us then click on "Agendas - Minutes"; then click on "Board of Administrative Appeals". Then click on Agenda/Minutes far the 5/4/2017 Hearing. The Agenda and staff reports will appear as an Adobe pdf file. Respectfully, Yl.rne Símonsen City Clerk ' City of Antioch P.O. Box 5007 Antioch, CA 94531-5007 _ The City keeps a copy of all E-mails sent and received for a minimum of 90 days. All retained E-mails will be treated as a Public Record per the California Public Records Act, and may be subject to disclosure pursuant to the terms and subject to the exemptions of that Act. From: Simonsen, Ame Sent: Monday, April 24, 2017 2:09 PM To: '' Ce: Garcia, Christina; Vigilia, Michael; Michael, Curt Subject: Notice of hearing before the Antioch Board of Adminstrative Appeals Dear Mr. Bosman, Your appeal will be heard befare·the Board of Administrative Appeals on Thursday, May 4, 2017 at 3:00 p.m. in the City Council Chambers, 200 H Street, Antioch, CA. The Tolling Agreement of March 29, 2017 extended the required 60-day period far hearing an appeal and will termínate with the hearing of your appeal on May 4, 2017. AII people who wish to speak on your appeal, including you, will be required to take an Oath. You will be allotted 5 minutes in which to present your case befare the Board and provide any additional supporting materials not previously submitted to the City Clerk. lf you have any questions, please do not hesitate to call our office. Thank you. Sincerely, 1 Ame Símonsen City Clerk City ofAntioch P.O. Box 5007 Antioch, CA 94531-5007 The City keeps a copy ofal! E-mails sent and received for a minimum of90 days. Al! retained E-mails will be treated as a Public Record per the California Public Records Act, and may be subject to disclosure pursuant to the terms and subject to the exemptions ofthat Act. 2 From: Simonsen, Arne Sent: Tuesday, April 25, 2017 11 :50 AM To: García, Christina Subject: FW: Read report : FW: Notice of hearing befare the Antioch Board of Adminstrative Appeals From: Sent: Monday, April 24, 2017 5:36 PM To: Simonsen, Ame Subject: Read report: FW: Notice of hearing befare the Antioch Board of Adminstrative Appeals Recipient: Time ofreading : 4/24/2017 05:36 PM Subject: FW: Notice ofhearing before the Antioch Board ofAdminstrative Appeals Mr. Bosman, The Agenda and Staff Reports will be posted on the City' s Website 72 hours before the Board of Administrative Appeals Hearing ofyour Appeal on May 4, 2017. To view the Agenda informatio 1 From: Simonsen, Arne Sent: Wednesday, March 29, 2017 8:43 PM To: Ce: Vigilia, M ichael; García, Christina; Michael, Curt Subject: Tolling Agreement on your appeal to the Board of Administrative Appeals re Wilbur Avenue Mr. Bosman, Your appeal of a Notice of Violation was delivered to the City Clerk's Office on February 9, 2017. The Antioch Municipal Code requires that the City Clerk schedule the appeal to be heard by the Board of Administrative Appeals within 60-days. You have received the response with documents to the California Public Records Act request you submitted to the City Clerk's Office on March 9, 2017 which took longer than anticipated to retrieve the requested materials. Therefore, following the discussion we had when you carne to my office on March 28th and you handed me a written request to reschedule the hearing of your appeal that was scheduled far Thursday, April 4, 2017, our office agrees to a 60-day Tolling Agreement starting March 28th, 2017. My office will be scheduling the hearing of your appeal far 3:00 p.m., Thursday, May 4, 2017 Board of Administrative Appeals meeting which is held in the City Council Chambers, 200 H Street, Antioch, CA 94509. Respectfully, Arne Simonsen City Clerk City of Antioch (925) 779-7008 1 Joe Bosman RECEIVED MAR 2 8 2017 CITY OF ANTIOCH CITVCLERK March 28, 2017 City of Antioch Attn: Christina Garcia, Deputy City Clerk Re: Appeal of Notice ofViolation CD Site: Wilbur Ave. Antioch, Ca. Mrs. Garcia: Thank you for your correspondence dated February 9, 2017 regarding my Appeal Hearing scheduled for April 61\ 2017@ 3:00 PM. lt is important that I am treated fairly regarding my appeal. My property rights are being taken and my tenants may be displaced as a result of this hearing. 1 am requesting that the following items be addressed befare the hearing occurs: l. Request For Public Records: The City has not responded in writing or e-mail to my request for records dated March 9, 2017. The City is unique in that they are the best source ofthese documents, even though they are the plaintiff. 1 would appreciate a written response to this important request. 2. 1-4.01, 8, Right To Appeal ofAntioch Code of Ordinances: I requested to you in person and by letter dated March 9, 2017 that the Planning Commission should hear specific issues related to my Notice of Violation. There are specific planning issues at stake. Specifically, the City wants to strip my income producing uses from my property. They have changed the Zoning and are now attempting to tell me I have no grand fathered rights. The land will be useless. Will the City pay me in damages for my lost value? Please read section 1-4.01, B The Planning Commission should hear my case. 3. CityStaffhas yet to engage me: _I have attempted to work with staff as the Mayor directed at the City Council meeting. 1 have written Ron Bernal and Forrest Ebbs regarding the issues at hand. They have not attempted to resolve any issues yet. I would appreciate a rescheduling of my appeal until the above items are sorted out. Thank you, Joe Bosman