Board of Administrative Appeals

Agenda prepared by: Office of the City Clerk (925) 779-7009 BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL ANTIOCH COMMUNITY CENTER Community Hall C 4703 Lone Tree Way, Antioch FEBRUARY 6, 2020 3:00 P.M. 3:00 P.M. ROLL CALL Deborah Simpson, Chairperson Ademuyiwa “Ade” Adeyemi, Vice Chairperson Marie Livingston Darrell Goodbeer Antwon Webster Vacant, Alternate PLEDGE OF ALLEGIANCE 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MEETING MINUTES FOR DECEMBER 5, 2019 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 AND LIEN PROCESSING FEES FOR THE MONTH OF NOVEMBER 2019 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 MOTION TO ADJOURN: After Written/Oral Communications, the Chair will make a motion to adjourn the meeting. A second of the motion is required, and then a majority vote is required to adjourn the meeting. 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: https://www.antiochca.gov/government/agendas-and-minutes/board-of- administrative-appeals/ 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. 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 near the entrance doors, and place in the Speaker Card Tray near the City Clerk’s table. 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”. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT AND CALIFORNIA LAW, it is the policy of the City of Antioch to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including individuals with disabilities. If you are a person with a disability and require information or materials in an appropriate alternative format; or if you require any other accommodation, please contact the ADA Coordinator at the number or address below at least 72 hours prior to the meeting or when you desire to receive services. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility. The City’s ADA Coordinator can be reached @ Phone: (925) 779-6950, and e-mail: publicworks@ci.antioch.ca.us. PLEASE TURN OFF CELL PHONES BEFORE ENTERING THE MEETING LOCATION.  BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Regular Meeting December 5, 2019 3:00 P.M. Antioch Community Center Chairperson Simpson called the meeting to order at 3:00 P.M. on Thursday, December 5, 2019 in the Council Chambers. ROLL CALL: Present: Board Members Adeyemi, Webster, Livingston and Chairperson Simpson Absent: Board Member Goodbeer Staff Present: City Attorney, Thomas Lloyd Smith City Clerk, Arne Simonsen Minutes Clerk, Kitty Eiden Code Enforcement Manager, Curt Michael Code Enforcement Assistant, Denise Skaggs Code Enforcement Officer, Pete Ceja 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 NOVEMBER 7, 2019 On motion by Board Member Adeyemi, seconded by Board Member Livingston, the Board of Administrative Appeals members present unanimously approved the Minutes for November 7, 2019. The motion carried the following vote: Ayes: Adeyemi, Webster, Livingston and Simpson Absent: Goodbeer B. CODE ENFORCEMENT APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & ABATEMENTS FOR THE MONTH OF OCTOBER 2019. On motion by Board Member Webster, seconded by Board Member Adeyemi, the Board of Administrative Appeals members present unanimously confirmed each assessment and the amount thereof, as proposed or as corrected and modified, and order it assessed against the property for the total amount of $22,107. 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, Webster, Livingston and Simpson Absent: Goodbeer 1A 02-06-20 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting December 5, 2019 Page 2 of 5 2. REGULAR AGENDA City Attorney Smith explained the manner in which the proceedings would be conducted. OATH for all intending to testify City Clerk Simonsen administered the Oath to all those intending to testify. A. CASE NO. CE1909-078 – APPEAL FILED BY HESTER “MARIE” HAMPTON, 1716 PETIT PEAK COURT, ANTIOCH, CA – VIOLATION OF ANTIOCH MUNICIPAL CODE §5-1.202(D). Code Enforcement Manager Michael announced that Ms. Hampton contacted Code Enforcement and rescinded the appeal advising that the violation had been corrected, and the vehicle was removed from the property. He reported that upon reinspection Code Enforcement had confirmed that the vehicle had been removed. B. CASE NO. CE1909-015 / ADMINISTRATIVE CITATION NO. 28890 – APPEAL FILED BY HISHAM ABU AL SHAER, 5132 UNION MINE DRIVE, ANTIOCH, CA – VIOLATION OF ANTIOCH MUNICIPAL CODE §7-2.623(A)(2). Code Enforcement Officer Ceja presented the staff report dated November 5, 2019 recommending the Board of Administrative Appeals uphold the Citation #28890 in the amount of $333 issued to Hisham Abul-Al Shaer on October 15, 2019 for violation of Antioch Municipal Code 7-2.623 (A) (2). In response to Board Member Webster, Code Enforcement Officer Ceja confirmed all photos in the staff report were taken by Code Enforcement. In response to City Attorney Smith, Code Enforcement Officer Ceja clarified that the shrubs encroached into the sidewalk by approximately 15-inches. In response to Chairperson Simpson, Code Enforcement Officer Ceja explained that the photo dated September 17, 2019 showed the shrubs trimmed at an angle; however, they were still encroaching into the sidewalk area. He noted the citation was issued on October 15, 2019 and the photo from that date showed the same shrubs from a different angle. Board Member Adeyemi stated that he felt it was confusing because the photos were taken from different angles. Code Enforcement Officer Ceja further explained that a violation lasted up to a year so if the same violation occurred within that timeframe, it went straight to a citation. Hisham Abu-al Shaer stated that on September 4, 2019 he received a citation for his shrubs being on the sidewalk and he complied so the sidewalk was no longer blocked. He noted it was then stated that the shrubs were still blocking the sidewalk which was untrue. He further noted BOARD OF ADMINISTRATIVE APPEALS Regular Meeting December 5, 2019 Page 3 of 5 that the plants were there for 10-years and he had had no complaints from his neighbors. He commented that he felt the citation was unfair. He presented the Board and staff with a photo on his cellphone showing that the shrubs had been completely removed. In response to Chairperson Simpson, Mr. Abu-al Shaer confirmed that Code Enforcement had issued a warning on September 4, 2019 to correct the violation and the shrubs were trimmed 2- 3 days after he received that notice. He stated he believed he had complied with what was asked. Chairperson Simpson stated that the photo from October 15, 2019 showed the shrubs had grown back into the sidewalk area. Mr. Abu-al Shaer responded that he believed that it appeared as though the shrubs impeded the sidewalk due to the angle of the photo. City Attorney Smith asked Mr. Abu-al Shaer if he understood that the Municipal Code called for the appellant to conduct the maintenance required to keep the shrubs out of the sidewalk and to ensure that it was kept clear for pedestrians. Mr. Abu-al Shaer responded that after he trimmed the shrubs, the sidewalk was cleared for pedestrians and he did not believe they had grown back so fast that on October 15, 2019, they were blocking the sidewalk again. City Attorney Smith commented that the photos showed that the sidewalk was impeded. Mr. Abu-al Shaer responded that after the shrubs were trimmed, there was room to walk on the sidewalk and there was no reason for a citation. City Attorney Smith asked Mr. Abu-al Shaer if he believed the shrubs had grown into the sidewalk. Mr. Abu-al Shaer responded that even after the shrubs grew back, he did not believe the sidewalk was blocked. Chairperson Simpson stated the notice of violation was issued on September 4, 2019 and under the notes, it stated to cut back shrubs blocking sidewalk and keep right of way clean. She noted it was the homeowner’s responsibility to make sure that the right of way was kept cleared. She further noted upon reinspection they had grown back and needed to be trimmed again. Mr. Abu-al Shaer reiterated that he maintained the shrubs and did not believe that one month later they were blocking the sidewalk again. In response to Board Member Webster, City Attorney Smith explained that at the point in time when the shrubs encroached the sidewalk the citation was issued with the expectation that the homeowner come into compliance immediately. He noted that if they were cited again because they were not in compliance, the citation stands and they were still expected to come into BOARD OF ADMINISTRATIVE APPEALS Regular Meeting December 5, 2019 Page 4 of 5 compliance because if they failed to do so, another citation could be issued. He commented that it was incumbent upon the person cited to come into compliance as soon as possible. Board Member Adeyemi stated that he was in compliance now; however, the homeowner was responsible to keep the sidewalk clear and when the citation was issued, he was not in compliance. Chairperson Simpson agreed and noted that when Code Enforcement reinspected the property on October 15, 2019, the shrubs had grown out and a citation was issued. She stated that the notice of violation and citation indicated that the homeowner must keep the shrubs completely clear of the sidewalk, and continuously maintained. City Attorney Smith clarified that if the Board denied the appeal, the citation stood and if they approved the appeal, the citation would not stand. City Clerk Simonsen added that another option for the Board would be to deny the appeal and uphold the citation for the full or lesser amount. City Attorney Smith responded, that option would be based on the fact that the code was wrongly applied or the Board supported an alternate ruling. Board Member Livingston commented that the homeowner had trimmed the shrubs; however, on October 15, 2019 they were once again blocking the sidewalk. On motion by Board Member Livingston, seconded by Board Member Webster, the Board of Administrative Appeals denied the appeal and upheld the Citation #28890 in the amount of $333 issued to Hisham Abul-Al Shaer on October 15, 2019 for violation of Antioch Municipal Code 7- 2.623 (A) (2). The motion carried the following vote: Ayes: Webster, Livingston and Simpson Noes: Adeyemi Absent: Goodbeer PUBLIC COMMENTS – None WRITTEN/ORAL COMMUNICATIONS City Clerk Simonsen announced that the January 2020 meeting for the Board of Administrative Appeals had been cancelled and the next meeting would be February 6, 2020. City Attorney Smith stated that the renovations to Council Chambers may be completed by the February meeting. ADJOURNMENT On motion by Board Member Webster, seconded by Board Member Livingston, the Board of Administrative Appeals unanimously adjourned the meeting at 3:40 P.M. BOARD OF ADMINISTRATIVE APPEALS Regular Meeting December 5, 2019 Page 5 of 5 Respectfully submitted: Kitty Eiden KITTY EIDEN, Minutes Clerk 1B