Board of Administrative Appeals

Agenda prepared by: Office of the City Clerk (925) 779-7009 BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL THURSDAY, SEPTEMBER 3, 2020 3:00 P.M. PURSUANT TO GOVERNOR GAVIN NEWSOM’S EXECUTIVE ORDER N-29- 20, THIS MEETING WILL BE HELD AS A TELECONFERENCE/VIRTUAL MEETING. OBSERVERS MAY VIEW THE MEETING LIVESTREAMED VIA THE BOARD OF ADMINISTRATIVE APPEALS’ WEBSITE AT: https://www.antiochca.gov/boaa/meeting/. Notice of Opportunity to Address the Board of Administrative Appeals Members of the public wishing to provide public comment prior to or during the meeting may do so in the following ways (#2 pertains to the Zoom webinar platform): 1) Prior to 1:00 p.m. the day of the meeting – Written comments may be submitted electronically to the City Clerk at the following email address: cityclerk@ci.antioch.ca.us. All comments received before 1:00 p.m. the day of the meeting, will be provided to the Board Members before the meeting. Please indicate the agenda item and title in your email subject line. 2) After 1:00 p.m. the day of the meeting and during the meeting – Please see the Speakers’ Rules for instructions on how to comment, on the inside cover of this Agenda. The Speakers’ Rules are also listed on the Board of Administrative Appeals website located on the following link: https://www.antiochca.gov/boaa/meeting/. The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Clerk’s Office receives your comments, you are strongly encouraged to submit your comments in writing by 1:00 p.m. the day of the meeting. The Board of Administrative Appeals’ Agendas, including Staff Reports, are posted onto our City’s Website 72 hours before each meeting. To view the agenda information, click on the following link: https://www.antiochca.gov/government/agendas-and- minutes/board-of-administrative-appeals/.  BOARD OF ADMINISTRATIVE APPEALS SPEAKERS' RULES IMPORTANT NOTICE REGARDING THIS MEETING: To protect our residents, officials, and staff, and aligned with the Governor’s Executive Order N-29-20, certain teleconference requirements of the Brown Act have been suspended, including the requirement to provide a physical location for members of the public to participate in the meeting. Members of the public seeking to observe the meeting may do so at https://www.antiochca.gov/boaa/meeting/. Members of the public wishing to provide public comment may do so in the following ways (#2 pertains to the Zoom Webinar): 1) Prior to 1:00 p.m. the day of the meeting – Written comments may be submitted electronically to the City Clerk at the following email address: cityclerk@ci.antioch.ca.us. All comments received before 1:00 p.m. the day of the meeting, will be provided to the Board Members before the meeting. Please indicate the agenda item and title in your email subject line. 2) After 1:00 p.m. the day of the meeting and during the meeting – To participate and provide oral public comments during the meeting, click on the following link to register in advance, to access the meeting via Zoom Webinar: https://www.antiochca.gov/speakers ▪ You will be asked to enter an email address and a name. Your email address will not be disclosed to the public. After registering, you will receive an email with instructions on how to connect to the meeting. ▪ When the Chair/Vice Chairperson announces public comments, click the "raise hand" feature in Zoom. For instructions on using the "raise hand" feature in Zoom, visit: https://www.antiochca.gov/raise_hand. Speakers will be notified shortly before they are called to speak. ▪ When called to speak, please limit your comments to the time allotted (up to 3 minutes, at the discretion of the Chair/Vice Chairperson). After hearing from the public, the agenda item will be closed. Deliberations will then be limited to members of the Board. The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Clerk’s Office receives your comments, you are strongly encouraged to submit your comments in writing by 1:00 p.m. the day of the meeting. 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.  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. The public has the opportunity to address the Board on each agenda item. 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”. AGENDA 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 PUBLIC COMMENTS – Only unagendized issues will be discussed during this time. 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS SPECIAL MEETING MINUTES FOR JULY 9, 2020 STAFF REPORT Recommended Action: Motion to approve the Minutes. B. CODE ENFORCEMENT – APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS AND LIEN PROCESSING FEES FOR THE MONTHS OF MAY AND JUNE 2020 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 BOARD OF ADMINISTRATIVE APPEALS [2] SEPTEMBER 3, 2020  2. REGULAR AGENDA OATH for all intending to testify A. ANIMAL SERVICES CASE NO. 20-043873 – APPEAL FILED BY VICTORIA FUENTES FOR HER DOG “"BAM BAM" ANIMAL ID A134748 – VICIOUS ANIMAL HEARING [ANTIOCH MUNICIPAL CODE: §6-1.801 (B) (b) §6-1.805 (A) (2)]. STAFF REPORT B. ANIMAL SERVICES CASE NO. 20-051274 – APPEAL FILED BY ESMERALDA ASEVEDO FOR HER DOG “MADDIE” ANIMAL ID A135066 – POTENTIALLY DANGEROUS ANIMAL HEARING [ANTIOCH MUNICIPAL CODE §6-1.801 (B): POTENTIALLY DANGEROUS DOG OR ANIMAL (C) AND VICIOUS DOG OR ANIMAL (B), ANTIOCH MUNICIPAL CODE §6-1.501 (C) ANIMAL AT LARGE. STAFF REPORT WRITTEN/ORAL COMMUNICATIONS MOTION TO ADJOURN: After Written/Oral Communications, the Chairperson/Vice Chairperson 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. BOARD OF ADMINISTRATIVE APPEALS [3] SEPTEMBER 3, 2020  BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Special Meeting July 9, 2020 3:00 P.M. Meeting Conducted Remotely The City of Antioch, in response to the Executive Order of the Governor and the Order of the Health Officer of Contra Costa County concerning the Novel Coronavirus Disease (COVID-19), held Board of Administrative Appeals meetings live stream (at https://www.antiochca.gov/boaa/meeting/). The Board of Administrative Appeals meeting was conducted utilizing Zoom Audio/Video Technology. Vice Chairperson Adeyemi called the meeting to order at 3:04 P.M. on Thursday, July 9, 2020 in the Council Chambers. ROLL CALL: Present: Board Members Webster, Livingston and Vice Chairperson Adeyemi Absent: Board Member Goodbeer and Chairperson Simpson Staff Present: City Attorney, Thomas Lloyd Smith Administrative Services Director, Nickie Mastay Deputy City Clerk, Christina Garcia Minutes Clerk, Kitty Eiden Code Enforcement Manager, Curt Michael 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 MARCH 5, 2020 On motion by Board Member Livingston, seconded by Board Member Webster, the Board of Administrative Appeals approved the Minutes for March 5, 2020. The motion carried the following vote: Ayes: Webster, Livingston, Adeyemi Absent: Goodbeer, Simpson B. CODE ENFORCEMENT APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & LIEN PROCESSING FEES FOR THE MONTH OF JANUARY, FEBRUARY, MARCH AND APRIL 2020. 1A 09-03-2020 BOARD OF ADMINISTRATIVE APPEALS Special Meeting July 9, 2020 Page 2 of 2 On motion by Board Member Webster, 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 in the amount of $51,742.00 The Board also directed that the same be recorded with the Contra Costa County Recorder’s Office. The motion carried the following vote: Ayes: Webster, Livingston, Adeyemi Absent: Goodbeer, Simpson PUBLIC COMMENTS – None WRITTEN/ORAL COMMUNICATIONS – None ADJOURNMENT On motion by Board Member Livingston, seconded by Board Member Webster the Board of Administrative Appeals unanimously adjourned the meeting at 3:10 P.M. Respectfully submitted: Kitty Eiden KITTY EIDEN, Minutes Clerk 1B __#2A.WEB__ 09-03-2020 __#2B.WEB__ 09-03-2020