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 SEPTEMBER 6, 2018 3:00 P.M. 3:00 P.M. ROLL CALL Deborah Simpson, Chairperson Ademuyiwa “Ade” Adeyemi, Vice Chairperson Farideh Faraji Marie Livingston Darrell Goodbeer Vacant, Alternate PLEDGE OF ALLEGIANCE 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MEETING MINUTES FOR AUGUST 2, 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 MONTHS OF JUNE AND JULY 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  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.  BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Regular Meeting August 2, 2018 3:00 P.M. Council Chambers Vice Chairperson Adeyemi called the meeting to order at 3:01 P.M. on Thursday, August 2, 2018 in the Council Chambers. ROLL CALL: Present: Board Members Faraji, and Livingston, Vice Chairperson Adeyemi Absent: Chairperson Simpson Staff Present: Finance Services Supervisor, Lisa Saunders Business License Representative, Claudia Argenal Code Enforcement Manager, Curt Michael Code Enforcement Officer, Justine Sidie Code Enforcement Assistant, Denise Skaggs City Clerk, Arne Simonsen Minutes Clerk, Kitty Eiden PLEDGE OF ALLEGIANCE Vice Chairperson Adeyemi led the board, staff and public in the Pledge of Allegiance. 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MINUTES FOR JUNE 7, 2018 On motion by Board Member Faraji, seconded by Board Member Livingston, the Board of Administrative Appeals approved the Minutes for June 7, 2018. The motion carried the following vote: Ayes: Adeyemi, Faraji, and Livingston Absent: Simpson B. CODE ENFORCEMENT APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTH OF MAY 2018. On motion by Board Member Faraji, seconded by Board Member Livingston, 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: Adeyemi, Faraji, and Livingston Absent: Simpson 1A 09-06-18 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting August 2, 2018 Page 2 of 3 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 MONTHS OF JUNE AND JULY 2018. City Clerk Simonsen announced that there was a supplemental report for Item IC which was provided to the Board and the public. Finance Services Supervisor Saunders stated they had received some payments; therefore, there was a supplemental staff report distributed for June and July 2018 in the amount of $27,671. On motion by Board Member Faraji, seconded by Board Member Livingston, 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: Adeyemi, Faraji, and Livingston Absent: Simpson 2. REGULAR AGENDA OATH for all intending to testify City Clerk Simonsen announced the appellant was not present and there were no requests to speak; therefore, the Oath was not administered. ADMINISTRATIVE CITATION NO. 27102 – APPEAL OF ADMINISTRATIVE CITATION ISSUED REGARDING “PARKING COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS” [§4-5.1223] AND “WHEN STORAGE OF A RECREATIONAL VEHICLE IS A PUBLIC NUISANCE” [§5-1.201.1], TO ROBERTO MONROY, 2506 HOOFTRAIL WAY, ANTIOCH, CA. Vice Chairperson Adeyemi opened and closed the public hearing with no members of the public requesting to speak. In response to Board Member Faraji, Code Enforcement Officer Sidie explained that the Antioch Police Department was the appropriate agency to address procedures related to abandoned vehicles on the public street. Vice Chairperson Adeyemi reiterated that concerns related to abandoned vehicles should be brought to the attention of Antioch Police Department. Board Member Livingston commented that the appellant indicated that he was told to move the vehicles and had failed to comply from April to June. She noted he complied prior to the July 10, 2018 inspection by Code Enforcement. BOARD OF ADMINISTRATIVE APPEALS Regular Meeting August 2, 2018 Page 3 of 3 On motion by Board Member Livingston, seconded by Board Member Faraji, the Board of Administrative Appeals unanimously upheld the citation issued to Roberto Monroy for violations of the Antioch Municipal Code §4-5.1223 §5-1.201.1. The motion carried the following vote: Ayes: Adeyemi, Faraji, and Livingston Absent: Simpson PUBLIC COMMENTS – None WRITTEN/ORAL COMMUNICATIONS – None ADJOURNMENT Vice Chairperson Adeyemi adjourned the Administrative Board of Appeals meeting at 3:12 P.M. to the next regularly scheduled meeting on September 6, 2018. Respectfully Submitted, __________________________ Kitty Eiden Minutes Clerk  J STAFF REPORT TO THE BOARD OF ADMINISTRATIVE APPEALS FOR CONSIDERATION AT THE HEARING ON SEPTEMBER 6, 2018 Prepared by: Curt Michael, Code Enforcement Manager e) Date: August 16, 2018 Subject: Approval of the Levy of Special Assessments on Certain Properties for Unpaid Administrative Citations & Abatements for the Month of June & July, 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 (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 months of June & July, 2018 in the amount of $38,741.67 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 09/06/18