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 7, 2018 3:00 P.M. 3:00 P.M. ROLL CALL Deborah Simpson, Chairperson Ademuyiwa “Ade” Adeyemi, Vice Chairperson Vacant Farideh Faraji Marie Livingston Vacant, Alternate PLEDGE OF ALLEGIANCE 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MEETING MINUTES FOR MAY 3, 2018 Recommended Action: Motion to approve the minutes. STAFF REPORT B. CODE ENFORCEMENT APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTH OF APRIL 2018 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.  CONSENT CALENDAR – Continued C. BUSINESS LICENSE – APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR THE MONTH OF MAY 2018 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. ADMINISTRATIVE CITATION NO. 5366 – APPEAL FILED BY ERIC DEPPER FOR THE PROPERTY LOCATED AT 1216 SYCAMORE DRIVE, APT. 1, ANTIOCH, REGARDING ANTIOCH MUNICIPAL CODE “BUSINESS LICENSE REQUIRED” [§3- 1.103]. 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, City Hall, 200 H Street, Antioch, CA 94509, Monday through Friday, 8:00 a.m. to 5:00 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. CODE ENFORCEMENT  Page 1 6/7/2018 BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR BOARD OF APPEALS ATTACHMENT A AR Customer # APN Amount Site Address Owner last Owner first Mailing address 149475 C217720 055-430-016-0 $110.00 5456 SOUTHWOOD WAY BARDIN STEWART AND MARIA 52 MATISSE CT PLEASANT HILL, CA 94523 149578 C217720 055-430-016-0 $220.00 5456 SOUTHWOOD WAY BARDIN STEWART AND MARIA 52 MATISSE CT PLEASANT HILL, CA 94523 150279 C217720 055-430-016-0 $550.00 5456 SOUTHWOOD WAY BARDIN STEWART AND MARIA 52 MATISSE CT PLEASANT HILL, CA 94523 150510 C217720 055-430-016-0 $783.00 5456 SOUTHWOOD WAY BARDIN STEWART AND MARIA 52 MATISSE CT PLEASANT HILL, CA 94523 149290 C217709 053-630-021-3 $110.00 3106 URSUS CT BOTTA MICHAEL AND KIMBERLEE 1404 ST KITTS LN FOSTER CITY, CA 94404 149427 C217709 053-630-021-3 $210.00 3106 URSUS CT BOTTA MICHAEL AND KIMBERLEE 1404 ST KITTS LN FOSTER CITY, CA 94404 149600 C217709 053-630-021-3 $550.00 3106 URSUS CT BOTTA MICHAEL AND KIMBERLEE 1404 ST KITTS LN FOSTER CITY, CA 94404 150516 C217709 053-630-021-3 $783.00 3106 URSUS CT BOTTA MICHAEL AND KIMBERLEE 1404 ST KITTS LN FOSTER CITY, CA 94404 148794 C217634 056-100-046-4 $110.00 5116 BROOKCREST CT 5116 BROOKCREST 5116 BROOKCREST CT PO BOX 2372 DANVILLE, CT TRE TRE CA 94526 149422 C217634 056-100-046-4 $210.00 5116 BROOKCREST CT 5116 BROOKCREST 5116 BROOKCREST CT PO BOX 2372 DANVILLE, CT TRE TRE CA 94526 149597 C217634 056-100-046-4 $550.00 5116 BROOKCREST CT 5116 BROOKCREST 5116 BROOKCREST CT PO BOX 2372 DANVILLE, CT TRE TRE CA 94526 150515 C217634 056-100-046-4 $783.00 5116 BROOKCREST CT 5116 BROOKCREST 5116 BROOKCREST CT PO BOX 2372 DANVILLE, CT TRE TRE CA 94526 149272 C217685 074-146-016-6 $110.00 4500 DELTA FAIR BLVD ACOSTA FRANCISCO AND UBALDA 2935 MYRTLE ST EMERYVILLE, CA 94608 149416 C217685 074-146-016-6 $210.00 4500 DELTA FAIR BLVD ACOSTA FRANCISCO AND UBALDA 2935 MYRTLE ST EMERYVILLE, CA 94608 149591 C217685 074-146-016-6 $550.00 4500 DELTA FAIR BLVD ACOSTA FRANCISCO AND UBALDA 2935 MYRTLE ST EMERYVILLE, CA 94608 150514 C217685 074-146-016-6 $783.00 4500 DELTA FAIR BLVD ACOSTA FRANCISCO AND UBALDA 2935 MYRTLE ST EMERYVILLE, CA 94608 149280 C217699 067-172-007-6 $110.00 616 W 15TH ST BNW ASSOCIATES BNW ASSOCIATES 1219 DAVIS AVE CONCORD, CA 94518 149428 C217699 067-172-007-6 $210.00 616 W 15TH ST BNW ASSOCIATES BNW ASSOCIATES 1219 DAVIS AVE CONCORD, CA 94518 149587 C217699 067-172-007-6 $550.00 616 W 15TH ST BNW ASSOCIATES BNW ASSOCIATES 1219 DAVIS AVE CONCORD, CA 94518  Page 2 6/7/2018 BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR BOARD OF APPEALS ATTACHMENT A AR Customer # APN Amount Site Address Owner last Owner first Mailing address 150526 C217699 067-172-007-6 $783.00 616 W 15TH ST BNW ASSOCIATES BNW ASSOCIATES 1219 DAVIS AVE CONCORD, CA 94518 149688 C217861 067-202-011-2 $110.00 613 W 16TH ST CLANCY MARY PO BOX 501 ALAMO, CA 94507 149785 C217861 067-202-011-2 $220.00 613 W 16TH ST CLANCY MARY PO BOX 501 ALAMO, CA 94507 150256 C217861 067-202-011-2 $550.00 613 W 16TH ST CLANCY MARY PO BOX 501 ALAMO, CA 94507 150513 C217861 067-202-011-2 $783.00 613 W 16TH ST CLANCY MARY PO BOX 501 ALAMO, CA 94507 149693 C217866 074-341-052-4 $110.00 2120 LEMONTREE WAY #2 COLLINS III HAINE 2548 BLUEROCK DR ANTIOCH, CA 94531 149782 C217866 074-341-052-4 $220.00 2120 LEMONTREE WAY #2 COLLINS III HAINE 2548 BLUEROCK DR ANTIOCH, CA 94531 150253 C217866 074-341-052-4 $550.00 2120 LEMONTREE WAY #2 COLLINS III HAINE 2548 BLUEROCK DR ANTIOCH, CA 94531 150512 C217866 074-341-052-4 $483.00 2120 LEMONTREE WAY #2 COLLINS III HAINE 2548 BLUEROCK DR ANTIOCH, CA 94531 149112 C217662 052-172-015-1 $110.00 1501 PAUL CT ANDERSON AMORA 2644 MEADOW CREST CT SAN PABLO, CA 94806 149474 C217662 052-172-015-1 $210.00 1501 PAUL CT ANDERSON AMORA 2644 MEADOW CREST CT SAN PABLO, CA 94806 149604 C217662 052-172-015-1 $550.00 1501 PAUL CT ANDERSON AMORA 2644 MEADOW CREST CT SAN PABLO, CA 94806 150509 C217662 052-172-015-1 $783.00 1501 PAUL CT ANDERSON AMORA 2644 MEADOW CREST CT SAN PABLO, CA 94806 149286 C217705 074-241-061-6 $110.00 2636 SHEPPARD WAY AZZOPARDI JASON PO BOX 3091 ORANGEVALE, CA 95662 149430 C217705 074-241-061-6 $210.00 2636 SHEPPARD WAY AZZOPARDI JASON PO BOX 3091 ORANGEVALE, CA 95662 149602 C217705 074-241-061-6 $550.00 2636 SHEPPARD WAY AZZOPARDI JASON PO BOX 3091 ORANGEVALE, CA 95662 150508 C217705 074-241-061-6 $783.00 2636 SHEPPARD WAY AZZOPARDI JASON PO BOX 3091 ORANGEVALE, CA 95662 149635 C206764 066-221-024-4 $110.00 1112 W 8TH ST BIAS JAMES 1820 E 18TH ST ANTIOCH, CA 94509 149723 C206764 066-221-024-4 $220.00 1112 W 8TH ST BIAS JAMES 1820 E 18TH ST ANTIOCH, CA 94509 150043 C206764 066-221-024-4 $550.00 1112 W 8TH ST BIAS JAMES 1820 E 18TH ST ANTIOCH, CA 94509  Page 3 6/7/2018 BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR BOARD OF APPEALS ATTACHMENT A AR Customer # APN Amount Site Address Owner last Owner first Mailing address 150506 C206764 066-221-024-4 $783.00 1112 W 8TH ST BIAS JAMES 1820 E 18TH ST ANTIOCH, CA 94509 149634 C217848 068-322-007-3 $110.00 124 RAINER LN BINDAL MITHU 16 SUGARLOAF TER ALAMO, CA 94507 149722 C217848 068-322-007-3 $220.00 124 RAINER LN BINDAL MITHU 16 SUGARLOAF TER ALAMO, CA 94507 150042 C217848 068-322-007-3 $550.00 124 RAINER LN BINDAL MITHU 16 SUGARLOAF TER ALAMO, CA 94507 150505 C217848 068-322-007-3 $483.00 124 RAINER LN BINDAL MITHU 16 SUGARLOAF TER ALAMO, CA 94507 149633 C212720 068-322-006-5 $110.00 120 RAINIER LN BINDAL BILL AND ANJU 16 SUGARLOAF TER ALAMO, CA 94507 149721 C212720 068-322-006-5 $220.00 120 RAINIER LN BINDAL BILL AND ANJU 16 SUGARLOAF TER ALAMO, CA 94507 150041 C212720 068-322-006-5 $550.00 120 RAINIER LN BINDAL BILL AND ANJU 16 SUGARLOAF TER ALAMO, CA 94507 150504 C212720 068-322-006-5 $483.00 120 RAINIER LN BINDAL BILL AND ANJU 16 SUGARLOAF TER ALAMO, CA 94507 149624 C216473 074-151-014-3 $110.00 2205 BELLE CT CCW ASSETS LLC CCW ASSETS LLC 5890 STONERIDGE DR, STE 109 PLEASANTON, CA 94588 149715 C216473 074-151-014-3 $220.00 2205 BELLE CT CCW ASSETS LLC CCW ASSETS LLC 5890 STONERIDGE DR, STE 109 PLEASANTON, CA 94588 150038 C216473 074-151-014-3 $550.00 2205 BELLE CT CCW ASSETS LLC CCW ASSETS LLC 5890 STONERIDGE DR, STE 109 PLEASANTON, CA 94588 150503 C216473 074-151-014-3 $783.00 2205 BELLE CT CCW ASSETS LLC CCW ASSETS LLC 5890 STONERIDGE DR, STE 109 PLEASANTON, CA 94588 149622 C217838 067-276-017-0 $110.00 227 W MADILL ST CAVERO PIERO 219 A ST REDWOOD CITY, CA 94063 149713 C217838 067-276-017-0 $220.00 227 W MADILL ST CAVERO PIERO 219 A ST REDWOOD CITY, CA 94063 150036 C217838 067-276-017-0 $550.00 227 W MADILL ST CAVERO PIERO 219 A ST REDWOOD CITY, CA 94063 150502 C217838 067-276-017-0 $783.00 227 W MADILL ST CAVERO PIERO 219 A ST REDWOOD CITY, CA 94063 149618 C217835 056-360-035-2 $110.00 5605 LEITRIM WY CARTER LOUISE JR AND LESLIE R 903 PALOMA CT OCEANSIDE, CA 92058 149710 C217835 056-360-035-2 $220.00 5605 LEITRIM WY CARTER LOUISE JR AND LESLIE R 903 PALOMA CT OCEANSIDE, CA 92058  Page 4 6/7/2018 BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR BOARD OF APPEALS ATTACHMENT A AR Customer # APN Amount Site Address Owner last Owner first Mailing address 150034 C217835 056-360-035-2 $550.00 5605 LEITRIM WY CARTER LOUISE JR AND LESLIE R 903 PALOMA CT OCEANSIDE, CA 92058 150501 C217835 056-360-035-2 $783.00 5605 LEITRIM WY CARTER LOUISE JR AND LESLIE R 903 PALOMA CT OCEANSIDE, CA 92058 149610 C217828 051-242-011-8 $110.00 1438 HILL DR ALVAREZ RAMIRO AND MERCEDES 330 MADISON ST SAN FRANCISCO, CA 94134 149705 C217828 051-242-011-8 $220.00 1438 HILL DR ALVAREZ RAMIRO AND MERCEDES 330 MADISON ST SAN FRANCISCO, CA 94134 150030 C217828 051-242-011-8 $550.00 1438 HILL DR ALVAREZ RAMIRO AND MERCEDES 330 MADISON ST SAN FRANCISCO, CA 94134 150499 C217828 051-242-011-8 $783.00 1438 HILL DR ALVAREZ RAMIRO AND MERCEDES 330 MADISON ST SAN FRANCISCO, CA 94134 149783 C217865 065-293-016-5 $220.00 1542 JACOBSEN ST COGHE RUDY AND BRENDA 1012 BEGONIA DR ALAMEDA, CA 94502 150254 C217865 065-293-016-5 $550.00 1542 JACOBSEN ST COGHE RUDY AND BRENDA 1012 BEGONIA DR ALAMEDA, CA 94502 152733 C217865 065-293-016-5 $783.00 1542 JACOBSEN ST COGHE RUDY AND BRENDA 1012 BEGONIA DR ALAMEDA, CA 94502 149631 C217846 055-570-052-5 $110.00 2440 MONTECITO CT BENNETT ROBERT 3772 LONE MESA DR LAS VEGAS, NV 89147 149704 C217846 055-570-052-5 $220.00 2440 MONTECITO CT BENNETT ROBERT 3772 LONE MESA DR LAS VEGAS, NV 89147 150029 C217846 055-570-052-5 $550.00 2440 MONTECITO CT BENNETT ROBERT 3772 LONE MESA DR LAS VEGAS, NV 89147 150525 C217846 055-570-052-5 $783.00 2440 MONTECITO CT BENNETT ROBERT 3772 LONE MESA DR LAS VEGAS, NV 89147 149485 C217733 068-282-015-4 $110.00 2828 BONITA AVE BOYLE CRAIG THE SWEE HOR 1667 PARKHILLS AVE LOS ALTOS, CA 94024 149581 C217733 068-282-015-4 $220.00 2828 BONITA AVE BOYLE CRAIG THE SWEE HOR 1667 PARKHILLS AVE LOS ALTOS, CA 94024 150523 C217733 068-282-015-4 $783.00 2828 BONITA AVE BOYLE CRAIG THE SWEE HOR 1667 PARKHILLS AVE LOS ALTOS, CA 94024 151185 C217733 068-282-015-4 $550.00 2828 BONITA AVE BOYLE CRAIG THE SWEE HOR 1667 PARKHILLS AVE LOS ALTOS, CA 94024 149489 C205938 052-361-009-5 $110.00 3317 HIDDEN HILLS CT BESSER ALAN AND DENISE 23 CREE CT SAN RAMON, CA 94583 149580 C205938 052-361-009-5 $220.00 3317 HIDDEN HILLS CT BESSER ALAN AND DENISE 23 CREE CT SAN RAMON, CA 94583 150574 C205938 052-361-009-5 $783.00 3317 HIDDEN HILLS CT BESSER ALAN AND DENISE 23 CREE CT SAN RAMON, CA 94583 151187 C205938 052-361-009-5 $550.00 3317 HIDDEN HILLS CT BESSER ALAN AND DENISE 23 CREE CT SAN RAMON, CA 94583  Page 5 6/7/2018 BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR BOARD OF APPEALS ATTACHMENT A AR Customer # APN Amount Site Address Owner last Owner first Mailing address 149642 C217856 055-120-039-7 $110.00 2413 HOOFTRAIL WAY CAO NU NGOC 1440 FRANQUETTE AVE CONCORD, CA 94520 150482 C217856 055-120-039-7 $220.00 2413 HOOFTRAIL WAY CAO NU NGOC 1440 FRANQUETTE AVE CONCORD, CA 94520 150615 C217856 055-120-039-7 $783.00 2413 HOOFTRAIL WAY CAO NU NGOC 1440 FRANQUETTE AVE CONCORD, CA 94520 151188 C217856 055-120-039-7 $550.00 2413 HOOFTRAIL WAY CAO NU NGOC 1440 FRANQUETTE AVE CONCORD, CA 94520 TOTAL $33,853.00  BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Regular Meeting May 3, 2018 3:00 P.M. Council Chambers Chairperson Simpson called the meeting to order at 3:01 P.M. on Thursday, May 3, 2018 in the Council Chambers. ROLL CALL: Present: Board Members Adeyemi, Faraji, Livingston and Chairperson Simpson Staff Present: Interim City Attorney, Anita Bamshad Director of Finance, Dawn Merchant Code Enforcement Manager, Curt Michael Business License Representative, Vanessa Rosales Business License Representative, Claudia Argenal Code Enforcement Assistant, Denise Skaggs Minutes Clerk, Kitty Eiden 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 APRIL 5, 2018 On motion by Board Member Adeyemi, seconded by Board Member Faraji, the Board of Administrative Appeals unanimously approved the Minutes for April 5, 2018. B. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTH OF MARCH 2018 On motion by Board Member Adeyemi, seconded by Board Member Faraji, 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. 2. REGULAR AGENDA Interim City Attorney Bamshad explained the manner in which the proceedings would be conducted. 1A 06-07-18 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting May 3, 2018 Page 2 of 6 OATH Minutes Clerk Eiden administered the Oath for all persons present intending to testify. A. CITATION NO. 26401 – APPEAL OF ADMINISTRATIVE CITATION ISSUED REGARDING “PROPERTY INADEQUATELY MAINTAINED - INOPERABLE EQUIPMENT” [§5-1.202(A)(1)(a)] TO SYLVIA MCDOWELL, 3216 ASHLEY WAY, ANTIOCH, CA. Code Enforcement Manager Michael presented the staff report dated May 3, 2018 recommending the Board of Administrative Appeals uphold Citation No. 26401 in the amount of $300.00, including a $200.00 re-inspection fee. Sylvia McDowell, Appellant, reported that no one had come to her door to inform her of the violations on her property and noted the citation was mailed to her. She clarified that all the vehicles in her driveway were operational and engine parts in her driveway were blocked from public view by vehicles. She reported her son had a serious accident and was laid up in bed for the week prior to March 26, 2018, so there would be no reason for anyone to call Code Enforcement regarding auto repairs occurring in her driveway. She stated it was her belief that a neighbor was using Code Enforcement to cause herself and her family hardship. She noted the property was well maintained and she could not afford $300.00 as she was on Social Security. She submitted her receipt for her son’s pain relief medication and a copy of her comments to the Board. Sandy Williams stated that every time she had visited the property it was cleaned up, not a nuisance and not used to conduct major auto repairs. She noted that she believed this was a neighbor issue. Maurice McDowell supported his mother Sylvia McDowell and asked for the City’s definition of major auto repair. He stated he was told by Code Enforcement that if the car in the driveway was not registered to the house, it was major auto repair. He noted he tried hard to follow the City’s code. In response to Board Member Faraji, Code Enforcement Manager Michael clarified that a photo in the staff report depicting a transmission on the ground between two vehicles, was as it would be seen from the public right of way. He noted there was also a close up of the same photo which was provided. He explained that the citation was issued for § 5-1-202(A)(1)(a) of the municipal code which was for inoperable equipment stored in public view. He reported that during the initial inspection an engine lift and vehicle parts were on the property and three people were working on a vehicle in the driveway. He noted the officer made contact with a resident named “Chris” and advised him that he could not do any automotive repairs or store equipment in public view. He further noted a notice of violation was issued on February 6, 2018 for major automotive repairs and equipment stored, in public view. He stated several inspections occurred in about a four week period and due to the nature of the complaint, the case remained active even though reinspections found that there was no evidence of automotive repair or debris. He noted when the final inspection occurred at the end of March, a BOARD OF ADMINISTRATIVE APPEALS Regular Meeting May 3, 2018 Page 3 of 6 citation was issued for the transmission being in public view. He commented that citations were issued in-house and sent out to the property owners with photographs of the violation. He noted the corrective action on the citation said to remove engine parts from public view and all other signs of auto repair. He further noted a citation was issued for $100.00 and there was a $200.00 reinspection fee. He clarified if the property was in compliance with all municipal codes, no citations would be issued. In response to Board Member Adeyemi, Code Enforcement Manager Michael reiterated that citations were sent via U.S. Mail and notices of violations were hand delivered. He noted they provided a 10-day courtesy notice prior to any citations being issued. Board Member Livingston stated it was clear that there were auto parts in public view. On motion by Board Member Livingston, seconded by Board Member Adeyemi, the Board of Administrative Appeals unanimously upheld the citation and denied the appeal. B. CITATION NO. 5176 – APPEAL OF ADMINISTRATIVE CITATION ISSUED REGARDING “THIRD CITATION – BUSINESS LICENSE REQUIRED” AMC §3-1.103 TO BARJINDRE TOOR, 1709 SPRINGWOOD WAY, ANTIOCH, CA. Director of Finance Merchant presented the staff report dated April 24, 2018 recommending the Board of Administrative Appeals uphold the $500.00 Administrative Citation No. 5176 issued on April 17, 2018 for violation of the Antioch Municipal Code Business License Required and Residential Landlord Business License Tax (Measure O). Barjindre Toor, Appellant and property owner, reported he had been making consistent payments for his Business License as approved by the Finance Department. He noted he made his initial payment on December 20, 2017 and received a citation on December 22, 2017. He further noted that even though he had made monthly payments, he received citations adding to the total balance due. Subsequently, he reached out to the Finance Department and was told the citations were issued because the payments were not received. He noted his January payment was not received by the department and the check had not cleared the bank. He reported he had made several calls and sent emails to the Finance Department; however, he had not received a response. He noted he kept receiving bills and citations even though he made payments. He commented that he came into the City Clerk’s office and explained the matter and was advised to appeal the citation. He noted the $100.00 citation was issued two days after his first payment and the $200.00 was received in March. He clarified that he sent payments to the City which were not received and he had carbon copies of those checks. He stated after that, he issued two checks to a third party and those checks were received. He noted payments were sent every month and requested that due to an economic hardship, the Board waive the $500.00 citation. In response to Board Member Faraji, Mr. Toor reiterated that after his first payment on December 20, 2017, he received a citation on December 22, 2017 and the balance remaining was $683.00. He noted the three subsequent payments were not received by the Finance Department. He further noted he followed up with the Finance Department to inquire as to why BOARD OF ADMINISTRATIVE APPEALS Regular Meeting May 3, 2018 Page 4 of 6 the payments had not cleared; however, he did not receive a response to his phone calls or emails. He noted he received a second citation in the amount of $200.00 and a third citation in the amount of $500.00. He noted after speaking with the City Clerk, he paid the total balance due and filed the appeal. He further noted he had a carbon copy of the checks he sent to the City. In response to Chairperson Simpson, Mr. Toor confirmed that he received the first citation after he had made his first payment to the City. He explained that the missing checks were not returned back to him and they had not cleared his account. He noted he went to his bank to request a stop payment and he provided the Board with the stop payment paperwork. Additionally, he reported that his tenant had moved out in December and the property was vacant for two months and during that time the property was vandalized. Chairperson Simpson stated the stop payment request was for a check in the amount of $500.00 written on April 23, 2018 and it had not indicated that he had stopped payment on all of the previous checks the appellant indicted were sent to the City. Mr. Toor responded that the bank had not provided documentation for the previous checks because he had cancelled them by phone. He again reiterated that he had made payments and they were not received by the City, which had resulted in the citations being issued. In response to Board Member Livingston, Mr. Toor stated he had a third party managing the property and when he received the first email from the City, he became aware of the Business License requirement. Anupama Sharma stated she managed the property as of September 17, 2017 and the first time she received any documentation was in December because the letters had been sent to Mr. Toor’s address and he had been out of town for three years. She commented that she had notified Mr. Toor in December who emailed the City to inquire as to why he needed a business license. She further noted a check was issued in December after an agreement was reached with the City’s business license representative that they would accept payments for the amount due. She reported the initial payment cleared on Dec 20, 2017; however, they received a citation on December 22, 2017. She reported a second check was issued for which she had a copy; however, the City had never received it. She further noted on April 5, 2018, they received a $200.00 citation and she notified Mr. Toor who indicated he had sent the check. She stated they then called the Business License Department and informed them that they had made the payment to which they responded if the City did not receive payment, a $500.00 and $1000.00 citations would be issued. She noted Mr. Toor followed up with an email stated he would make the payments. She commented that she had a copy of the check issued for $500.00 on April 9, 2018, which was not cashed from the City. She stated she made several calls to the Business License Department, which was finally returned on April 23. 2018 and she was told she had to pay the $200.00 citation because the time to appeal it, had passed. She noted on April 23, 2018, she found out her check had not been cashed and she went to the bank to stop payment. She clarified after they made first payment, the City issued a citation, they received the second citation on the date it was due and she was attempting to contact the Business License Department who was not responding. She noted she was told BOARD OF ADMINISTRATIVE APPEALS Regular Meeting May 3, 2018 Page 5 of 6 they could not make a payment on a credit card so they stated they would send a check and they sent a $900.00 check on April 9, 2018. Ms. Sharma presented the Board with her emails to the City. In response to Board Member Adeyemi, Mr. Toor stated he did not recall receiving any letters from MuniServices. He verified his primary address was and noted the first time he became aware of the business license requirement was when he received the balance due. In response to Board Member Faraji, Mr. Toor reported he had been on medication for three years and had not checked his mail or emails regularly. He noted Ms. Sharma was handling the matter for him. Board Member Faraji stated it was the property owner’s responsibility to manage their properties and pay their fees. Mr. Toor stated this matter had not been handled professionally and when attempting to contact the Finance Department, his calls and emails were not responded to. He noted he understood his responsibilities and this issue should never occur again. Chairperson Simpson stated mail should be read and responded to and it seemed as though the City agreed to accept payments. She noted the first payment was received; however, citations were issued when those payments lapsed. She noted it was incumbent upon the property owner to find out where his checks went. She expressed concern that no stop payment documentation had been provided for the checks written to the City except for one check written for $500.00. Mr. Toor stated the bank had not provided him with any documentation. Chairperson Simpson responded that if the appellant had stopped payment on the checks, the banks would provide documentation. Mr. Toor explained that he had provided proof that he had stopped payment on the $500.00 check and questioned why he received citations when he made consistent payments. Chairperson Simpson reiterated that the City had not received any payments after December. She stated if checks had been sent in the same way as the first payment, they would have been received, cashed and noted on the account. She noted there was a lack of evidence showing that the other checks were written and explained that the appellant had received the $500.00 citation because he had not made the payments as promised. Board Member Faraji stated that the appellant agreed to pay the fees that accumulated. She noted business owners needed to be responsible and further noted if the tenant had not paid rent, they would have been evicted. She suggested reducing the citation amount because she sympathized with the appellant. BOARD OF ADMINISTRATIVE APPEALS Regular Meeting May 3, 2018 Page 6 of 6 A motion by Board member Faraji, seconded by Board Member Adeyemi, to waive $250.00 in citations reducing the citation from $500.00 to $250.00 failed by the following vote: Ayes: Faraji Noes: Adeyemi, Livingston, Simpson Board Member Adeyemi stated that a payment was not made until it was received. On motion by Board Member Adeyemi, seconded by Board Member Livingston, the Board of Administrative Appeals denied the appeal and upheld the citation. The motion carried the following vote: Ayes: Adeyemi, Livingston, Simpson Abstain: Faraji PUBLIC COMMENTS – None WRITTEN/ORAL COMMUNICATIONS In response to Chairperson Simpson, Code Enforcement Assistant Skaggs announced the State of the City would be held on May 11, 2018. ADJOURNMENT Chairperson Simpson adjourned the Administrative Board of Appeals meeting at 4:15 P.M. to the next regularly scheduled meeting on June 7, 2018. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk 1B CODE ENFORCEMENT  Page 1 6/7/2018 BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR BOARD OF APPEALS ATTACHMENT A AR Customer # APN Amount Site Address Owner last Owner first Mailing address 149475 C217720 055-430-016-0 $110.00 5456 SOUTHWOOD WAY BARDIN STEWART AND MARIA 52 MATISSE CT PLEASANT HILL, CA 94523 149578 C217720 055-430-016-0 $220.00 5456 SOUTHWOOD WAY BARDIN STEWART AND MARIA 52 MATISSE CT PLEASANT HILL, CA 94523 150279 C217720 055-430-016-0 $550.00 5456 SOUTHWOOD WAY BARDIN STEWART AND MARIA 52 MATISSE CT PLEASANT HILL, CA 94523 150510 C217720 055-430-016-0 $783.00 5456 SOUTHWOOD WAY BARDIN STEWART AND MARIA 52 MATISSE CT PLEASANT HILL, CA 94523 149290 C217709 053-630-021-3 $110.00 3106 URSUS CT BOTTA MICHAEL AND KIMBERLEE 1404 ST KITTS LN FOSTER CITY, CA 94404 149427 C217709 053-630-021-3 $210.00 3106 URSUS CT BOTTA MICHAEL AND KIMBERLEE 1404 ST KITTS LN FOSTER CITY, CA 94404 149600 C217709 053-630-021-3 $550.00 3106 URSUS CT BOTTA MICHAEL AND KIMBERLEE 1404 ST KITTS LN FOSTER CITY, CA 94404 150516 C217709 053-630-021-3 $783.00 3106 URSUS CT BOTTA MICHAEL AND KIMBERLEE 1404 ST KITTS LN FOSTER CITY, CA 94404 148794 C217634 056-100-046-4 $110.00 5116 BROOKCREST CT 5116 BROOKCREST 5116 BROOKCREST CT PO BOX 2372 DANVILLE, CT TRE TRE CA 94526 149422 C217634 056-100-046-4 $210.00 5116 BROOKCREST CT 5116 BROOKCREST 5116 BROOKCREST CT PO BOX 2372 DANVILLE, CT TRE TRE CA 94526 149597 C217634 056-100-046-4 $550.00 5116 BROOKCREST CT 5116 BROOKCREST 5116 BROOKCREST CT PO BOX 2372 DANVILLE, CT TRE TRE CA 94526 150515 C217634 056-100-046-4 $783.00 5116 BROOKCREST CT 5116 BROOKCREST 5116 BROOKCREST CT PO BOX 2372 DANVILLE, CT TRE TRE CA 94526 149272 C217685 074-146-016-6 $110.00 4500 DELTA FAIR BLVD ACOSTA FRANCISCO AND UBALDA 2935 MYRTLE ST EMERYVILLE, CA 94608 149416 C217685 074-146-016-6 $210.00 4500 DELTA FAIR BLVD ACOSTA FRANCISCO AND UBALDA 2935 MYRTLE ST EMERYVILLE, CA 94608 149591 C217685 074-146-016-6 $550.00 4500 DELTA FAIR BLVD ACOSTA FRANCISCO AND UBALDA 2935 MYRTLE ST EMERYVILLE, CA 94608 150514 C217685 074-146-016-6 $783.00 4500 DELTA FAIR BLVD ACOSTA FRANCISCO AND UBALDA 2935 MYRTLE ST EMERYVILLE, CA 94608 149280 C217699 067-172-007-6 $110.00 616 W 15TH ST BNW ASSOCIATES BNW ASSOCIATES 1219 DAVIS AVE CONCORD, CA 94518 149428 C217699 067-172-007-6 $210.00 616 W 15TH ST BNW ASSOCIATES BNW ASSOCIATES 1219 DAVIS AVE CONCORD, CA 94518 149587 C217699 067-172-007-6 $550.00 616 W 15TH ST BNW ASSOCIATES BNW ASSOCIATES 1219 DAVIS AVE CONCORD, CA 94518  Page 2 6/7/2018 BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR BOARD OF APPEALS ATTACHMENT A AR Customer # APN Amount Site Address Owner last Owner first Mailing address 150526 C217699 067-172-007-6 $783.00 616 W 15TH ST BNW ASSOCIATES BNW ASSOCIATES 1219 DAVIS AVE CONCORD, CA 94518 149688 C217861 067-202-011-2 $110.00 613 W 16TH ST CLANCY MARY PO BOX 501 ALAMO, CA 94507 149785 C217861 067-202-011-2 $220.00 613 W 16TH ST CLANCY MARY PO BOX 501 ALAMO, CA 94507 150256 C217861 067-202-011-2 $550.00 613 W 16TH ST CLANCY MARY PO BOX 501 ALAMO, CA 94507 150513 C217861 067-202-011-2 $783.00 613 W 16TH ST CLANCY MARY PO BOX 501 ALAMO, CA 94507 149693 C217866 074-341-052-4 $110.00 2120 LEMONTREE WAY #2 COLLINS III HAINE 2548 BLUEROCK DR ANTIOCH, CA 94531 149782 C217866 074-341-052-4 $220.00 2120 LEMONTREE WAY #2 COLLINS III HAINE 2548 BLUEROCK DR ANTIOCH, CA 94531 150253 C217866 074-341-052-4 $550.00 2120 LEMONTREE WAY #2 COLLINS III HAINE 2548 BLUEROCK DR ANTIOCH, CA 94531 150512 C217866 074-341-052-4 $483.00 2120 LEMONTREE WAY #2 COLLINS III HAINE 2548 BLUEROCK DR ANTIOCH, CA 94531 149112 C217662 052-172-015-1 $110.00 1501 PAUL CT ANDERSON AMORA 2644 MEADOW CREST CT SAN PABLO, CA 94806 149474 C217662 052-172-015-1 $210.00 1501 PAUL CT ANDERSON AMORA 2644 MEADOW CREST CT SAN PABLO, CA 94806 149604 C217662 052-172-015-1 $550.00 1501 PAUL CT ANDERSON AMORA 2644 MEADOW CREST CT SAN PABLO, CA 94806 150509 C217662 052-172-015-1 $783.00 1501 PAUL CT ANDERSON AMORA 2644 MEADOW CREST CT SAN PABLO, CA 94806 149286 C217705 074-241-061-6 $110.00 2636 SHEPPARD WAY AZZOPARDI JASON PO BOX 3091 ORANGEVALE, CA 95662 149430 C217705 074-241-061-6 $210.00 2636 SHEPPARD WAY AZZOPARDI JASON PO BOX 3091 ORANGEVALE, CA 95662 149602 C217705 074-241-061-6 $550.00 2636 SHEPPARD WAY AZZOPARDI JASON PO BOX 3091 ORANGEVALE, CA 95662 150508 C217705 074-241-061-6 $783.00 2636 SHEPPARD WAY AZZOPARDI JASON PO BOX 3091 ORANGEVALE, CA 95662 149635 C206764 066-221-024-4 $110.00 1112 W 8TH ST BIAS JAMES 1820 E 18TH ST ANTIOCH, CA 94509 149723 C206764 066-221-024-4 $220.00 1112 W 8TH ST BIAS JAMES 1820 E 18TH ST ANTIOCH, CA 94509 150043 C206764 066-221-024-4 $550.00 1112 W 8TH ST BIAS JAMES 1820 E 18TH ST ANTIOCH, CA 94509  Page 3 6/7/2018 BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR BOARD OF APPEALS ATTACHMENT A AR Customer # APN Amount Site Address Owner last Owner first Mailing address 150506 C206764 066-221-024-4 $783.00 1112 W 8TH ST BIAS JAMES 1820 E 18TH ST ANTIOCH, CA 94509 149634 C217848 068-322-007-3 $110.00 124 RAINER LN BINDAL MITHU 16 SUGARLOAF TER ALAMO, CA 94507 149722 C217848 068-322-007-3 $220.00 124 RAINER LN BINDAL MITHU 16 SUGARLOAF TER ALAMO, CA 94507 150042 C217848 068-322-007-3 $550.00 124 RAINER LN BINDAL MITHU 16 SUGARLOAF TER ALAMO, CA 94507 150505 C217848 068-322-007-3 $483.00 124 RAINER LN BINDAL MITHU 16 SUGARLOAF TER ALAMO, CA 94507 149633 C212720 068-322-006-5 $110.00 120 RAINIER LN BINDAL BILL AND ANJU 16 SUGARLOAF TER ALAMO, CA 94507 149721 C212720 068-322-006-5 $220.00 120 RAINIER LN BINDAL BILL AND ANJU 16 SUGARLOAF TER ALAMO, CA 94507 150041 C212720 068-322-006-5 $550.00 120 RAINIER LN BINDAL BILL AND ANJU 16 SUGARLOAF TER ALAMO, CA 94507 150504 C212720 068-322-006-5 $483.00 120 RAINIER LN BINDAL BILL AND ANJU 16 SUGARLOAF TER ALAMO, CA 94507 149624 C216473 074-151-014-3 $110.00 2205 BELLE CT CCW ASSETS LLC CCW ASSETS LLC 5890 STONERIDGE DR, STE 109 PLEASANTON, CA 94588 149715 C216473 074-151-014-3 $220.00 2205 BELLE CT CCW ASSETS LLC CCW ASSETS LLC 5890 STONERIDGE DR, STE 109 PLEASANTON, CA 94588 150038 C216473 074-151-014-3 $550.00 2205 BELLE CT CCW ASSETS LLC CCW ASSETS LLC 5890 STONERIDGE DR, STE 109 PLEASANTON, CA 94588 150503 C216473 074-151-014-3 $783.00 2205 BELLE CT CCW ASSETS LLC CCW ASSETS LLC 5890 STONERIDGE DR, STE 109 PLEASANTON, CA 94588 149622 C217838 067-276-017-0 $110.00 227 W MADILL ST CAVERO PIERO 219 A ST REDWOOD CITY, CA 94063 149713 C217838 067-276-017-0 $220.00 227 W MADILL ST CAVERO PIERO 219 A ST REDWOOD CITY, CA 94063 150036 C217838 067-276-017-0 $550.00 227 W MADILL ST CAVERO PIERO 219 A ST REDWOOD CITY, CA 94063 150502 C217838 067-276-017-0 $783.00 227 W MADILL ST CAVERO PIERO 219 A ST REDWOOD CITY, CA 94063 149618 C217835 056-360-035-2 $110.00 5605 LEITRIM WY CARTER LOUISE JR AND LESLIE R 903 PALOMA CT OCEANSIDE, CA 92058 149710 C217835 056-360-035-2 $220.00 5605 LEITRIM WY CARTER LOUISE JR AND LESLIE R 903 PALOMA CT OCEANSIDE, CA 92058  Page 4 6/7/2018 BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR BOARD OF APPEALS ATTACHMENT A AR Customer # APN Amount Site Address Owner last Owner first Mailing address 150034 C217835 056-360-035-2 $550.00 5605 LEITRIM WY CARTER LOUISE JR AND LESLIE R 903 PALOMA CT OCEANSIDE, CA 92058 150501 C217835 056-360-035-2 $783.00 5605 LEITRIM WY CARTER LOUISE JR AND LESLIE R 903 PALOMA CT OCEANSIDE, CA 92058 149610 C217828 051-242-011-8 $110.00 1438 HILL DR ALVAREZ RAMIRO AND MERCEDES 330 MADISON ST SAN FRANCISCO, CA 94134 149705 C217828 051-242-011-8 $220.00 1438 HILL DR ALVAREZ RAMIRO AND MERCEDES 330 MADISON ST SAN FRANCISCO, CA 94134 150030 C217828 051-242-011-8 $550.00 1438 HILL DR ALVAREZ RAMIRO AND MERCEDES 330 MADISON ST SAN FRANCISCO, CA 94134 150499 C217828 051-242-011-8 $783.00 1438 HILL DR ALVAREZ RAMIRO AND MERCEDES 330 MADISON ST SAN FRANCISCO, CA 94134 149783 C217865 065-293-016-5 $220.00 1542 JACOBSEN ST COGHE RUDY AND BRENDA 1012 BEGONIA DR ALAMEDA, CA 94502 150254 C217865 065-293-016-5 $550.00 1542 JACOBSEN ST COGHE RUDY AND BRENDA 1012 BEGONIA DR ALAMEDA, CA 94502 152733 C217865 065-293-016-5 $783.00 1542 JACOBSEN ST COGHE RUDY AND BRENDA 1012 BEGONIA DR ALAMEDA, CA 94502 149631 C217846 055-570-052-5 $110.00 2440 MONTECITO CT BENNETT ROBERT 3772 LONE MESA DR LAS VEGAS, NV 89147 149704 C217846 055-570-052-5 $220.00 2440 MONTECITO CT BENNETT ROBERT 3772 LONE MESA DR LAS VEGAS, NV 89147 150029 C217846 055-570-052-5 $550.00 2440 MONTECITO CT BENNETT ROBERT 3772 LONE MESA DR LAS VEGAS, NV 89147 150525 C217846 055-570-052-5 $783.00 2440 MONTECITO CT BENNETT ROBERT 3772 LONE MESA DR LAS VEGAS, NV 89147 149485 C217733 068-282-015-4 $110.00 2828 BONITA AVE BOYLE CRAIG THE SWEE HOR 1667 PARKHILLS AVE LOS ALTOS, CA 94024 149581 C217733 068-282-015-4 $220.00 2828 BONITA AVE BOYLE CRAIG THE SWEE HOR 1667 PARKHILLS AVE LOS ALTOS, CA 94024 150523 C217733 068-282-015-4 $783.00 2828 BONITA AVE BOYLE CRAIG THE SWEE HOR 1667 PARKHILLS AVE LOS ALTOS, CA 94024 151185 C217733 068-282-015-4 $550.00 2828 BONITA AVE BOYLE CRAIG THE SWEE HOR 1667 PARKHILLS AVE LOS ALTOS, CA 94024 149489 C205938 052-361-009-5 $110.00 3317 HIDDEN HILLS CT BESSER ALAN AND DENISE 23 CREE CT SAN RAMON, CA 94583 149580 C205938 052-361-009-5 $220.00 3317 HIDDEN HILLS CT BESSER ALAN AND DENISE 23 CREE CT SAN RAMON, CA 94583 150574 C205938 052-361-009-5 $783.00 3317 HIDDEN HILLS CT BESSER ALAN AND DENISE 23 CREE CT SAN RAMON, CA 94583 151187 C205938 052-361-009-5 $550.00 3317 HIDDEN HILLS CT BESSER ALAN AND DENISE 23 CREE CT SAN RAMON, CA 94583  Page 5 6/7/2018 BUSINESS LICENSE TAXES AND/OR ADMINISTRATIVE CITATION(S) FOR BOARD OF APPEALS ATTACHMENT A AR Customer # APN Amount Site Address Owner last Owner first Mailing address 149642 C217856 055-120-039-7 $110.00 2413 HOOFTRAIL WAY CAO NU NGOC 1440 FRANQUETTE AVE CONCORD, CA 94520 150482 C217856 055-120-039-7 $220.00 2413 HOOFTRAIL WAY CAO NU NGOC 1440 FRANQUETTE AVE CONCORD, CA 94520 150615 C217856 055-120-039-7 $783.00 2413 HOOFTRAIL WAY CAO NU NGOC 1440 FRANQUETTE AVE CONCORD, CA 94520 151188 C217856 055-120-039-7 $550.00 2413 HOOFTRAIL WAY CAO NU NGOC 1440 FRANQUETTE AVE CONCORD, CA 94520 TOTAL $33,853.00  ATTACHMENT B FINANCE DEPARTMENT PO Box 5007, Antioch, CA 94531-5007 NOTICE OF INTENT TO RECORD LIEN DATE Owner Name Mailing Address City, State, Zip SUBJECT: UNPAID BUSINESS LICENSES TAXES & ADMINISTRATIVE CITATION(S) IN THE AMOUNT OF $ XXXX.XX Address: Property Subject Address Parcel No: xxx-xxx-xx-x Customer No: CXXXXXX/3 PLEASE BE ADVISED, the City of Antioch claims a special assessment pursuant to Cal. Gov’t Code §38773.5 and Antioch Municipal Code §1-5.09 for unpaid Business License taxes, Administrative Citation(s) and penalties relating to the above referred to real property. Said taxes, fines and late penalties were not fully reimbursed to the City of Antioch within 30 days of the date of billing. On Thursday, DATE at 3:00 P.M. the ADMINISTRATIVE BOARD OF APPEALS will receive the proposed assessment for hearing and confirmation. Should you object to the proposed assessment and choose to challenge the proposed assessment at the hearing, you must submit any and all objections in writing to the City Clerk at least three (3) days prior to the date of said hearing. Failure to submit written objections to the City Clerk at least three (3) days prior to the hearing date shall constitute a waiver of any such objections and the matter may be placed on the consent calendar of the agenda for the Board of Administrative Appeals. BE FURTHER ADVISED that the amount of the assessment shall be recorded with the Contra Costa County Recorder’s office on DATE. To avoid recordation, please make payment to the City of Antioch, on or before DATE failure to respond to this notice shall not affect the validity of the proceedings. Please be aware that if a lien is recorded on your property there will be additional cost to release said lien. CITY OF ANTIOCH PO BOX 5007 ANTIOCH, CA 94531-5007 It is my desire that you will comply with this final notice, thus relieving the City of any further action. If you have any questions in this matter, please call the Business License Department at (925) 779-7059. Thank you for your immediate cooperation. Sincerely, L. Saunders Finance Services Supervisor cc: City Attorney