Board of Administrative Appeals

Agenda prepared by: Office of the City Clerk (925) 779-7009 BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL THURSDAY, NOVEMBER 4, 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 JULY 1, 2021 Recommended Action: Motion to approve the Minutes. STAFF REPORT 2. REGULAR AGENDA OATH for all intending to testify A. CASE NO. CE2107-123 / ADMINISTRATIVE CITATION NO. 28521 – APPEAL FILED BY C. RAY JACKSON AND ANNE BREWER, PROPERTY LOCATION AT 1123 COOK STREET, ANTIOCH, CA – VIOLATION OF ANTIOCH MUNICIPAL CODES: §5-1.202(A)(2) – OVERGROWN VEGETATION; §7- 2.623(A)(2) – ENCROACHMENT; §9-5.1210 – TREES (OVERGROWN). STAFF REPORT STAFF REPORT B. CASE NO. CE2106-171 / ADMINISTRATIVE CITATION NO. 28523 – APPEAL FILED BY LAURA COCHNAUER, PROPERTY LOCATION AT 1119 MACAULAY STREET, ANTIOCH, CA – VIOLATION OF ANTIOCH MUNICIPAL CODE: §5-1.201.1 – UNPERMITTED RV. STAFF REPORT STAFF REPORT BOARD OF ADMINISTRATIVE APPEALS [1] NOVEMBER 4, 2021  REGULAR AGENDA – Continued C. ANIMAL SERVICES CASE NO. A21-001592 / ADMINISTRATIVE CITATION NO. 29885 – APPEAL FILED BY LAURA LETKEMAN, ANTIOCH, CA – VIOLATION OF ANTIOCH MUNICIPAL CODE: §6-1.501(K) UNLAWFUL ACTS - HARBOR OR FEED A FERAL CAT EXCEPT ON ONE'S OWN PROPERTY. STAFF REPORT 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 [2] NOVEMBER 4, 2021  BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Regular Meeting July 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 3:02 P.M. on Thursday, July 1, 2021. ROLL CALL: Present: Board Members Livingston, Webster and Vice Chairperson Adeyemi Absent: Board Member Goodbeer and Chairperson Simpson Staff Present: City Attorney, Thomas Lloyd Smith Deputy City Clerk, Christina Garcia Code Enforcement Manager, Curt Michael 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 APRIL 1, 2021 On motion by Board Member Livingston, seconded by Board Member Webster, the Board of Administrative Appeals approved the Minutes for April 1, 2021. The motion carried the following vote: Ayes: Livingston, Webster, Adeyemi Absent: Goodbeer, Simpson B. APPROVAL OF ADMINISTRATIVE APPEALS MINUTES FOR JUNE 3, 2021 (NO QUORUM) In response to Vice Chairperson Adeyemi, Deputy City Clerk Garcia explained that the June 3, 2021, Board of Administrative Appeals meeting was a scheduled meeting, so Minutes needed to be posted showing a meeting occurred and there was no quorum. 1A 11-04-21 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting July 1, 2021 Page 2 of 2 City Attorney Smith added that the Board of Administrative Appeals could vote on the Minutes of June 3, 2021, given the explanation. On motion by Board Member Livingston, seconded by Vice Chairperson Adeyemi, the Board of Administrative Appeals approved the Minutes for June 3, 2021. The motion carried the following vote: Ayes: Livingston, Webster, Adeyemi Absent: Goodbeer, Simpson C. CODE ENFORCEMENT APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS & LIEN PROCESSING FEES FOR THE MONTHS OF FEBRUARY, MARCH, AND APRIL 2021 On motion by Board Member Livingston, seconded by Board Member Webster, 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 $70,830.00. The Board also directed that the same be recorded with the Contra Costa County Recorder’s Office. The motion carried the following vote: Ayes: Livingston, Webster, 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 3:11 P.M. Respectfully submitted: Kitty Eiden KITTY EIDEN, Minutes Clerk I• STAFF REPORT TO THE ADMINISTRATIVE REVIEW PANEL FOR CONSIDERATION AT THE HEARING ON NOVEMBER 4, 2021 PREPARED BY: Amanda Lunsford, Code Enforcement Officer PRE·PARED FOR: Administrative Board of Appeals APPROVED BY: Curt Michael, Code Enforcement Manager DATE: September 29, 2021 SUBJECT: Case No. CE2107-123 1123 Cook St. Antioch, CA 94531 Violation of Antioch Municipal Codes: 5-2.202(A)(2); 7-2.623(A)(2); 9-5.1210 REQUEST: Ray C. Jackson and Anne Brewer, has requested a hearing to appeal Citation #28521, issued August 11, 2021 for the following violations of the Antioch Municipal Code: § 5-1.202 SPECIFIC NUISANCES PROHIBITED. It is unlawful and a public nuisance for any property owner or any person ) leasing, occupying or having possession or control or dominion of any premises in this city to maintain such premises or to permit, suffer or allow such premises to be maintained in such a manner that any one or more of the conditions or activities described in the following divisions are found to exist, with such list not intended to be exclusive: (A). Property inadequately maintained. (2) Premises on which overgrown, dead or decayed trees, weeds or other vegetation pose a risk of harm to the public, or constitute visual blight or reduce the aesthetic appearance of the neighborhood, or are offensive to the senses, or are detrimental to the use and enjoyment of nearby properties, or reduce nearby property values due to its visibility from· the public right-of-way; §7-2.623 NO ENCROACHMENT OF PUBLIC RIGHT OF WAY · (A) Planting or erection (2) No tree, hedge, shrub, or other planting whatever, fence, or similar structure shall be maintained across any existing walkway in a sidewalk area or shoulder. N_o encroachment of any nature which impedes/obstructs the public right-of-way or which impedes adequate sight distance. ) __2A.01__ 11-04-21  ANTIOCH CALIFOR. October 28, 2021 C.Ray Jackson I Anne Brewer Cook Street Antioch, CA 94509 Email: RE: Board of Administrative Appeals Hearing Property Address: Cook Street, Antioch, CA Citation Date: 08/11/2021 Citation No.: 28521 Dear C.Ray Jackson I Anne Brewer, This is a follow up to our letter dated October 6, 2021. Please be advised your appeal has been rescheduled to be heard on Thursdall,1/ovember 41 2021, at 3:00 p.m., per your request. IMPORTANT NOTICE REGARDING THIS MEETING: In response to the COVID-19 Health Order issued by the Contra Costa County Health Officer, the City of Antioch will not be hosting in-person Board of Administrative Appeals' Meetings. Instead, the meetings will be held as teleconference/virtual meetings through the Zoom webinar platform. The Board of Administrative Appeals' Meeting will be held as a Zoom Meeting and the public is invited to participate as "attendees". The Zoom Invite for this meeting is listed on the next page, which includes the telephone number for you to call in to participate, if that is your preference. The Agenda with Staff Reports will be posted onto our City's Website 72 hours before the Board of Administrative Appeals Hearing date listed above. To view the Board of Administrative Appeals Agenda information and Speaker Rules, simply click on the following link: b.tt9s:l(www,antiochca. o,ov/government/aaendas-and-minutes/board-of­ administrative-appeals/. All people who wish to speak at the hearing, including you, will be required to take an Oath. This case will be heard and a decision rendered by the Board of Administrative Appeals. A General Information sheet is enclosed to answer any questions you may have regarding the appeals. Phone: (925) 779-7009 OFFICE OF THE CITY CLERK 200 H Street/P.O. Box 5007 Fax: (925) 779-7007 Antioch, CA 94531-5007 Antiochca .gov AntiochlsOpportunity.com #2A.02.WEB .. STAFF REPORT TO THE ADMINISTRATIVE REVIEW PANEL FO� CONSIDERATION AT THE HEARING ON NOVEMBER 4, 2021 PREPARED BY: Amanda Lunsford, Code Enforcement Officer PREPARED FOR: Administrative Board of Appeals APPROVED BY: Curt Michael, Code Enforcement Manager DAI:E: September 29, 2021 SUBJECT: Case No. CE2106-171 1119 Macaulay St. Antioch, CA 94531 Violation of Antioch Municipal Codes: §5-1.201.1 REQUEST: Laura Cochnauer has requested a hearing to appeal Citation #28523, issued 08-10-2021 ) for the following violations of the Antioch Municipal Code: § 5-1 :201.1 WHEN STORAGE OF A RECREATIONAL VEHICLE IS A PUBLIC NUISANCE . It is hereby declared a public nuisance for any person owning, leasing, occupying, or having charge or possession of any premises in the city to park or store any recreational vehicle, including but not limited to, a trailer, boat, fifth­ wheel trailer, motorhome, motorized cart, tent trailer, travel trailer, utility trailer, travel coach, bus, unmounted camper shell, or other mobile recreational equipment or watercraft or any empty trailer intended for or capable of carrying any of the above, in any front or side yard in a residential district, including the driveway, subject only to the following exceptions: BACKGROUND INFORMATION: On 06-22-2021, upon inspection of the property, I noted an RV/Camper parked upon an unpaved surface, and on the landscape portion of the property on the side yard. I took and uploaded photographs. I issued a notice of violation advising of the violation and requiring the violation be corrected within 10 days. A true and accurate copy of the Notice of Viol�tion from June 22, 2021, is attached as "ATTACHMENT 1". __2B.01__ 11-04-21 #2B.02.WEB  STAFF REPORT TO THE BOARD OF ADMINISTRATIVE APPEALS FOR CONSIDERATION AT THE APPEAL HEARING OF NOVEMBER 04, 2021 PREPARED BY: George W. Harding, IV-Animal Services Manager DATE: October 20, 2021 SUBJECT: Administrative Citation 29885 -Animal Services Animal Services Case No: A21-001592 Antioch Municipal Code§ 6-1.501 UNLAWFUL ACTS (K) REQUEST: Appellant Laura Letkeman requested a hearing to appeal Administrative Citation No. 29885 issued on September 13, 2021, citing a violation of Antioch Municipal Code§ 6-1.S0l(K) UNLAWFUL ACTS - Harbor or feed a feral cat except on one's own property. BACKGROUND INFORMATION: Parties Involved: Animals Involved: Feral Kitten Killed by Dogs on Tehachapi Court Reporting Party: Laura Letkeman Dog Owner: Joannie Keys On August 14, 2021, the Laura Letkeman contacted Animal Services to report that a kitten had been killed in front of the residence of lllTehachapi Court. Laura Letkeman stated to Animal Control Officer, Catriona Cottle, the two small dogs from this residence are often let out into their yard off leash. She said that this morning they were loose in front of their home when they attacked a kitten that was inside a bush on the property. The kitten was injured and took off across the Court. The dogs followed. The Laura Letkeman was able to get the kitten and take it to the East Bay Veterinary Emergency hospital where it was euthanized due to its injuries. Upon arrival at the location, Animal Control Officer, Catriona Cottle, spoke with the owner of a dogs. According to the dog owner, the dogs were in her own yard and attacked a feral kitten that was in the bush in front of the residence. The dogs then followed the kitten out of the yard when it ran across the street. ACO Cottle gave the owner of the dogs a verbal warning for allowing the dogs to run at large and the need to purchase City Dog Licenses. ACO Cottle also educated the dog owner in regard to the Potentially Dangerous Animal Ordinance. #2C.01.WEB 11-04-21  ANTIOCH L I F R October 28, 2021 Laura Letkeman 1826 Badger Pass Way Antioch, CA 94531 Email: RE: Board of Administrative Appeals Hearing Property Address: 1826 Badger Pass Way, Antioch, CA Citation Date: 09/12/2021 Citation No.: 29885 Dear Ms. Letkeman, This is a follow up to our letter dated October 1, 2021. Please be advised your appeal has been scheduled to be heard on Thursday, November 4, 2021, at 3:00 p.m. IMPORTANT NOTICE REGARDING THIS MEETING: In response to the COVID-19 Health Order issued by the Contra Costa County Health Officer, the City of Antioch will not be hosting in-person Board of Administrative Appeals' Meetings. Instead, the meetings will be held as teleconference/virtual meetings through the Zoom webinar platform. The Board of Administrative Appeals' Meeting will be held as a Zoom Meeting and the public is invited to participate as "attendees". The Zoom Invite for this meeting is listed on the next page, which includes the telephone number for you to call in to participate, if that is your preference. The Agenda with Staff Reports will be posted onto our City's Website 72 hours before the Board of Administrative Appeals Hearing date listed above. To view the Board of Administrative Appeals Agenda information and Speaker Rules, simply click on the following link: https://www.antiochca.gov/government/agendas-and-minutes/board-of­ administrative-appeals/. All people who wish to speak at the hearing, including you, will be required to take an Oath. This case will be heard and a decision rendered by the Board of Administrative Appeals. A General Information sheet is enclosed to answer any questions you may have regarding the appeals. Phone: (925) 779-7009 OFFICE OF THE CITY CLERK 200 H Street/P.O. Box 5007 Fax: (925) 779-7007 Antioch, CA 94531-5007 Antiochca.gov AntiochlsOpportunity.com #2C.02.WEB  ADMINISTRATIVE BOARD OF APPEALS GENERAL INFORMATION FOR PERSONS APPEALING CITATIONS The Administrative Board of Appeals is comprised of five Antioch residents, who are appointed by the Mayor and have volunteered their time to hear your appeal. The Board Members do not receive monetary compensation for their time and they are not employees of the City. They do not make or control the law. They are hearing officers who will review your appeal because you have requested the City do so. As the person making the appeal (the appellant) please keep in mind the following: Schedule of Hearing: ▪ When an appeal is requested, it is typically scheduled for the first Thursday of every month. ▪ You will receive written notice of the date and time of the appeal hearing from the City Clerk’s office. • The Agenda and Staff Reports will be posted onto our City’s Website 72 hours before the Board of Administrative Appeals Hearing date. To view the Board of Administrative Appeals Agenda information, click on the following link: https://www.antiochca.gov/government/agendas-and-minutes/board-of-administrative- appeals/. When You Don’t Show For Your Hearing: ▪ If you do not appear at the hearing time and date you have been notified of, and unless you have provided the City Clerk seventy-two (72) hour notice before the hearing that you are requesting a postponement, your appeal will be heard without your participation. How You Will Act At Your Appeal Hearing: ▪ You, and anyone else who is participating the appeal at your request, will maintain a respectful attitude at all time. ▪ If you or anyone else does not maintain a respectful attitude, you may be asked to “leave” the hearing by the Board Chairperson. ▪ Your appeal is not an opportunity to debate or argue with City staff or Board Members. Any questions should be directed to the Board Chairperson. ▪ When you speak, you should talk about the reasons why you feel the citation was wrongfully issued. Rev. 01-01-2021 How The Appeal Hearing Will Go: ▪ The Board will read your item of appeal from its Agenda. ▪ The Board will then ask City staff to present an oral report with regard to your citation. The Board may ask questions of City staff after the oral report. This oral report will be for five (5) minutes. ▪ After staff has provided its report, and the Board is finished with its questions of staff, you will then be called upon to speak. ▪ You will have five (5) minutes to present the reasons why you are appealing the citation. ▪ Any other additional persons who may oppose or support your appeal will have three (3) minutes to speak. ▪ The Board may then ask City staff for a rebuttal to the statements you or others made in support or opposition of your appeal. This rebuttal is only for three (3) minutes. ▪ Then the hearing is completed and the Board will then issue its ruling on your appeal. Your Burden: ▪ It is your appeal and therefore you bear the burden to prove that the citation was wrongfully issued. ▪ To win your appeal, you must have a majority of the Board uphold your appeal (3 of 5, or 2 of 3). ▪ If the Board determines there was in fact good reason to issue the citation, your appeal will be denied and the citation amount that you deposited to have your appeal will not be refunded. How The Board Will Rule: The Board can only rule one of two ways: ▪ To uphold your appeal and dismiss the citation. ▪ To deny your appeal and uphold the citation. Written Findings and Order: ▪ The Board will render their findings and recommendations after the hearing is concluded or as soon as possible. ▪ You will be mailed the written decision of hearing within ten (10) days of the hearing. 2 Agenda prepared by: Office of the City Clerk (925) 779-7009 BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL THURSDAY, NOVEMBER 4, 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 JULY 1, 2021 Recommended Action: Motion to approve the Minutes. 2. REGULAR AGENDA OATH for all intending to testify A. CASE NO. CE2107-123 / ADMINISTRATIVE CITATION NO. 28521 – APPEAL FILED BY C. RAY JACKSON AND ANNE BREWER, PROPERTY LOCATION AT 1123 COOK STREET, ANTIOCH, CA – VIOLATION OF ANTIOCH MUNICIPAL CODES: §5-1.202(A)(2) – OVERGROWN VEGETATION; §7- 2.623(A)(2) – ENCROACHMENT; §9-5.1210 – TREES (OVERGROWN). B. CASE NO. CE2106-171 / ADMINISTRATIVE CITATION NO. 28523 – APPEAL FILED BY LAURA COCHNAUER, PROPERTY LOCATION AT 1119 MACAULAY STREET, ANTIOCH, CA – VIOLATION OF ANTIOCH MUNICIPAL CODE: §5-1.201.1 – UNPERMITTED RV. BOARD OF ADMINISTRATIVE APPEALS [1] NOVEMBER 4, 2021  REGULAR AGENDA – Continued C. ANIMAL SERVICES CASE NO. A21-001592 / ADMINISTRATIVE CITATION NO. 29885 – APPEAL FILED BY LAURA LETKEMAN, ANTIOCH, CA – VIOLATION OF ANTIOCH MUNICIPAL CODE: §6-1.501(K) UNLAWFUL ACTS - HARBOR OR FEED A FERAL CAT EXCEPT ON ONE'S OWN PROPERTY. 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] NOVEMBER 4, 2021 October 1, 2021 Laura Letkeman 1826 Badger Pass Way Antioch, CA 94531 Email: RE: Board of Administrative Appeals Hearing Property Address: 1826 Badger Pass Way, Antioch, CA Citation Date: 09/12/2021 Citation No.: 29885 Dear Ms. Letkeman, This is a follow up to your written appeal filed on September 23, 2021, regarding the above-referenced Administrative Citation received from Antioch Animal Services. Also received was your check in the amount of $150.00 ($100 fine and $50 appeal fee). Please be advised your appeal is scheduled to be heard on Thursday, November 4, 2021, at 3:00 p.m. IMPORTANT NOTICE REGARDING THIS MEETING: In response to the COVID-19 Health Order issued by the Contra Costa County Health Officer, the City of Antioch will not be hosting in-person Board of Administrative Appeals’ Meetings. Instead, the meetings will be held as teleconference/virtual meetings through the Zoom webinar platform. The Board of Administrative Appeals’ Meeting will be held as a Zoom Meeting and the public is invited to participate as “attendees”. The Zoom Meeting invitation will also include the telephone number for you to call in to participate, if that is your preference. Our office will email you the Board of Administrative Appeals Agenda and Zoom Meeting Invitation on October 29, 2021. We will also mail you the agenda which will include the Zoom Meeting Invitation information. Phone: (925) 779-7009 OFFICE OF THE CITY CLERK 200 H Street/P.O. Box 5007 Fax: (925) 779-7007 Antioch, CA. 94531-5007 Antiochca.gov AntiochIsOpportunity.com  ADMINISTRATIVE BOARD OF APPEALS GENERAL INFORMATION FOR PERSONS APPEALING CITATIONS The Administrative Board of Appeals is comprised of five Antioch residents, who are appointed by the Mayor and have volunteered their time to hear your appeal. The Board Members do not receive monetary compensation for their time and they are not employees of the City. They do not make or control the law. They are hearing officers who will review your appeal because you have requested the City do so. As the person making the appeal (the appellant) please keep in mind the following: Schedule of Hearing: ▪ When an appeal is requested, it is typically scheduled for the first Thursday of every month. ▪ You will receive written notice of the date and time of the appeal hearing from the City Clerk’s office. • The Agenda and Staff Reports will be posted onto our City’s Website 72 hours before the Board of Administrative Appeals Hearing date. To view the Board of Administrative Appeals Agenda information, click on the following link: https://www.antiochca.gov/government/agendas-and-minutes/board-of-administrative- appeals/. When You Don’t Show For Your Hearing: ▪ If you do not appear at the hearing time and date you have been notified of, and unless you have provided the City Clerk seventy-two (72) hour notice before the hearing that you are requesting a postponement, your appeal will be heard without your participation. How You Will Act At Your Appeal Hearing: ▪ You, and anyone else who is participating the appeal at your request, will maintain a respectful attitude at all time. ▪ If you or anyone else does not maintain a respectful attitude, you may be asked to “leave” the hearing by the Board Chairperson. ▪ Your appeal is not an opportunity to debate or argue with City staff or Board Members. Any questions should be directed to the Board Chairperson. ▪ When you speak, you should talk about the reasons why you feel the citation was wrongfully issued. Rev. 01-01-2021 How The Appeal Hearing Will Go: ▪ The Board will read your item of appeal from its Agenda. ▪ The Board will then ask City staff to present an oral report with regard to your citation. The Board may ask questions of City staff after the oral report. This oral report will be for five (5) minutes. ▪ After staff has provided its report, and the Board is finished with its questions of staff, you will then be called upon to speak. ▪ You will have five (5) minutes to present the reasons why you are appealing the citation. ▪ Any other additional persons who may oppose or support your appeal will have three (3) minutes to speak. ▪ The Board may then ask City staff for a rebuttal to the statements you or others made in support or opposition of your appeal. This rebuttal is only for three (3) minutes. ▪ Then the hearing is completed and the Board will then issue its ruling on your appeal. Your Burden: ▪ It is your appeal and therefore you bear the burden to prove that the citation was wrongfully issued. ▪ To win your appeal, you must have a majority of the Board uphold your appeal (3 of 5, or 2 of 3). ▪ If the Board determines there was in fact good reason to issue the citation, your appeal will be denied and the citation amount that you deposited to have your appeal will not be refunded. How The Board Will Rule: The Board can only rule one of two ways: ▪ To uphold your appeal and dismiss the citation. ▪ To deny your appeal and uphold the citation. Written Findings and Order: ▪ The Board will render their findings and recommendations after the hearing is concluded or as soon as possible. ▪ You will be mailed the written decision of hearing within ten (10) days of the hearing. 2