Board of Administrative Appeals

Agenda prepared by: Office of the City Clerk (925) 779-7009 BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL THURSDAY, JULY 1, 2021 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. Please ensure your Zoom client is updated so staff can enable your microphone when it is your turn to speak. 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 MEETING MINUTES FOR APRIL 1, 2021 Recommended Action: Motion to approve the Minutes. B. APPROVAL OF ADMINISTRATIVE APPEALS MEETING MINUTES FOR JUNE 3, 2021 (NO QUORUM) Recommended Action: Motion to approve the Minutes. C. CODE ENFORCEMENT – APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS AND LIEN PROCESSING FEES FOR THE MONTHS OF FEBRUARY, MARCH, AND APRIL 2021 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. BOARD OF ADMINISTRATIVE APPEALS [1] JULY 1, 2021  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 [2] JULY 1, 2021 ATTACHMENT A  BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Regular Meeting April 1, 2021 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 3:01 P.M. on Thursday, April 1, 2021. ROLL CALL: Present: Board Members Webster, Livingston and Vice Chairperson Adeyemi Absent: Board Members Goodbeer and Chairperson Simpson Staff Present: City Attorney, Thomas Lloyd Smith Deputy City Clerk, Christina Garcia Minutes Clerk, Kitty Eiden Code Enforcement Manager, Curt Michael Code Enforcement Officer, Amanda Lunsford Associate Community Development Technician, Maria David PLEDGE OF ALLEGIANCE Vice Chairperson Adeyemi led the Pledge of Allegiance. PUBLIC COMMENT - None 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MINUTES FOR FEBRUARY 4, 2021 On motion by Board Member Livingston, seconded by Board Member Webster, the Board of Administrative Appeals approved the Minutes for February 4, 2021. 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 DECEMBER 2020 AND JANUARY 2021 1A 07-01-21 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting April 1, 2021 Page 2 of 5 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 $82,004.00. 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 2. REGULAR AGENDA OATH for all intending to testify Acting City Clerk Eiden administered the Oath for all those intending to testify. A. CASE NO. CE2009-238 / ADMINISTRATIVE CITATION NO. 28339 – APPEAL FILED BY DONALD PAULSON, PROPERTY LOCATION AT 326 NASH AVENUE, ANTIOCH, CA – VIOLATION OF ANTIOCH MUNICIPAL CODES: §5-1.202(A)(1)(a); §5-1.202(D)(2); §5-1.201.1. City Attorney Smith discussed the manner in which the hearing would be conducted. Code Enforcement Officer Lunsford presented the staff report dated March 9, 2021 recommending the Board of Administrative Appeals uphold Citation #28339 in the amount of $533, including a $233 reinspection fee, for ongoing violations of Antioch Municipal Code sections 5-1.202(A)(1)(a); 5-1.202(D)(2); 5-1.201.1. In response to Board Member Livingston, Code Enforcement Officer Lunsford clarified that she reinspected the property for compliance today and no new citations were issued; however, there were violations that remained on the property. She commented that citation #28339 remained open for Antioch Municipal Code (AMC) violations. In response to Board Member Webster, Code Enforcement Officer Lunsford explained that vehicles were removed from the property in the appropriate amount of time. APPELLANT Mr. Paulson stated that he had asked Code Enforcement to provide him with Antioch Municipal Codes (AMC) pertaining to the violations. He commented that he was told he was not allowed to have a trailer or commercial truck on his property. He stated that he believed his citations did not fall under the AMC because equipment was on paved concrete/pavers within the backyard. He noted that the AMC did not address items within public view. He stated he never received a copy of the AMC related to commercial vehicles or a verification that Code Enforcement Officers were certified inspectors. Code Enforcement Manager Michael clarified that the AMC stated RVs stored on your property had to be in the rear or side yard, on a paved surface and behind a 6-foot opaque fence. He BOARD OF ADMINISTRATIVE APPEALS Regular Meeting April 1, 2021 Page 3 of 5 noted Mr. Paulson was issued the notice of violation and subsequent citation for a trailer stored in public view. In referencing the unpaved surface violation, he noted photographs presented showed the unpaved surface was a piece of plywood. He stated the photos also showed a trailer stored in the rear of the property beyond the concrete surface. Regarding the commercial vehicle, he noted a large utility truck that the appellant used for work needed to be located out of public view. In response to Board Member Webster, Code Enforcement Manager Michael stated that a citation was issued for three violations on the property, and reiterated that as of today, the property remained out of compliance. He confirmed that the trailer had been removed; however, the citation would still stand, and they would close out that portion of the case. He noted that violation for miscellaneous debris remained. He further noted that during the inspection today, a commercial vehicle was on the property, but they had not taken any enforcement action as they were waiting the outcome of this hearing. He confirmed that the unpaved surface and trailer violations had been corrected. Board Member Webster questioned why miscellaneous debris remained on the property. Mr. Pauslon responded that there was no debris or truck on the property and a plywood surface did not exist. He clarified that the surface was brick and concrete. In response to Board Member Webster, Code Enforcement Manager Michael reported when conducting the inspection on December 15, 2021, there was debris on the side of the trailer which was located on a raised platform of plywood. Board Member Webster suggested Code Enforcement enhance the quality of the photos and provide multiple angles. In response to Vice Chairperson Adeyemi, Code Enforcement Lunsford reiterated that as of today the utility vehicle was moved. Mr. Paulson commented that his issue was that he had not been provided information regarding the City’s requirement that the trailer must be located behind a fence and he explained that he could not fence the yard because it was a shared driveway. He noted the trailer was 150-feet down the driveway and the AMC did not require it to be located out of public view. He stated the trailer had always been located on concrete and equipment stored on the property, was in the backyard on concrete. City Attorney Smith read into the record section 5-1-202 (A)(1)(a), of the AMC and Code Enforcement confirmed it was the section of the Municipal Code that was applied. Code Enforcement Manager Michael commented that the exception stated that a recreational vehicle could be stored in the rear or side yard behind a 6-foot opaque fence. He noted the argument that a fence cannot be installed did not negate the City’s code. He further noted the solution was to remove the vehicle from the property. BOARD OF ADMINISTRATIVE APPEALS Regular Meeting April 1, 2021 Page 4 of 5 Vice Chairperson Adeyemi asked if a work truck parked on the property not being used would be a violation if it was a result of having no business during COVID-19. Code Enforcement Manager Michael clarified that a citation was not issued for the truck. He stated the fines were based on the condition of the property in December 2020. In response to Board Member Livingston, Code Enforcement Manager Michael stated as of today, Mr. Paulson had an outstanding violation for the miscellaneous debris that remained on the property, which fell within AMC section 5-1.202. In response to City Attorney Smith, Mr. Paulson stated he understood that he needed to remedy the ongoing violation to protect himself from further citations. He reiterated that paperwork sent to him did not indicate that the trailer needed to be out of public view or behind a fence. City Attorney Smith clarified that Code Enforcement was raising the issue of a fence because it was an exception that could be used to avoid a violation of the code. Code Enforcement Manager Michael stated he had sent Mr. Paulson documents via email and regular mail and he had had numerous phone calls with him prior to the hearing explaining the issues that were before the Board today. He summarized the timeline of events resulting in the citation. Vice Chairperson Adeyemi commented that the City did not want to issue citations they would rather residents comply with the AMC. Mr. Paulson reiterated that the information given to him did not discuss fencing of the property. Board Member Webster made a motion to adjust the fine amounts to $0 for the unpaved surface and $0 for the trailer leaving the total due in the amount of $333.00. Speaking to the motion, Board Member Webster stated that because the trailer and unpaved surface violations had been corrected, he believed it was reasonable cause to reduce the fine. City Attorney Smith clarified that the evaluation of the property took place at the time the citation was issued and the question before the Board was did Code Enforcement properly cite the individual, at that time. Board Member Webster responded that he believed Code Enforcement did their job; however, corrective action was made after the fact, so he was seeking to adjust the fine amount to $0 for the trailer and unpaved surface citations. Board Member Livingston commented that the trailer was removed after the citation. She noted the debris/equipment remained in public view, so those violations had not been mitigated. She further noted this issue would require another inspection to confirm compliance. BOARD OF ADMINISTRATIVE APPEALS Regular Meeting April 1, 2021 Page 5 of 5 The previous motion to adjust the fine amounts to $0 for the unpaved surface and trailer leaving the total due in the amount of $333.00, died for the lack of a second. On motion by Board Member Livingston, seconded by Vice Chairperson Adeyemi, the Board of Administrative Appeals denied the appeal upholding Citation #28339 in the amount of $533, including a $233 reinspection fee, for ongoing violations of Antioch Municipal Code sections 5- 1.202(A)(1)(a); 5-1.202(D)(2); 5-1.201.1. The motion carried the following vote: Ayes: Livingston, Adeyemi Abstain: Webster 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 4:01 P.M. Respectfully submitted: Kitty Eiden KITTY EIDEN, Minutes Clerk  BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Regular Meeting June 3, 2021 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. Present: Board Members Livingston and Vice Chairperson Adeyemi Absent: Board Members Goodbeer, Webster and Chairperson Simpson Staff Present: City Attorney, Thomas Lloyd Smith Deputy City Clerk, Christina Garcia Acting City Clerk, Kitty Eiden Associate Community Development Technician, Maria David Acting City Clerk Eiden announced that due to the lack of a quorum, the meeting would be continued to a future date. Respectfully submitted: Kitty Eiden KITTY EIDEN, Minutes Clerk 1B 07-01-21 1C ATTACHMENT A