Board of Administrative Appeals

Agenda prepared by: Office of the City Clerk (925) 779-7009 BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Date: Thursday, January 5, 2023 Time: 3:00 P.M. Place: Antioch City Hall – Council Chambers 200 ‘H’ Street Antioch, CA 94509 BOARD MEMBERS Ademuyiwa “Ade” Adeyemi, Chairperson Antwon Webster, Vice Chairperson Marie Livingston Ronald A. Grant Vacant Vacant, Alternate PLEASE TURN OFF CELL PHONES BEFORE ENTERING THE MEETING LOCATION. 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.  BOARD OF ADMINISTRATIVE APPEALS SPEAKER RULES NOTICE OF OPPORTUNITY TO ADDRESS THE BOARD 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. The Board can only take action on items that are listed on the agenda. 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”. Members of the public wishing to provide public comments, may do so one of the following ways: 1) WRITTEN PUBLIC COMMENT – Written comments may be submitted electronically to the City Clerk at the following email address: cityclerk@ci.antioch.ca.us, prior to 1:00 p.m. the day of the Board of Administrative Appeals Meeting. Please indicate the agenda item and title in your email subject line. All comments received before 1:00 p.m. the day of the meeting, will be provided to the Board Members before the meeting. 2) IN PERSON – Fill out a Speaker Request Form, available near the entrance doors, and place in the Speaker Card Tray near the City Clerk before the meeting begins. 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. NOTICE OF AVAILABILITY OF REPORTS The Board of Administrative Appeals’ Agendas, including Staff Reports, are posted onto the 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/. Copies are available for inspection (and copying for a fee), at the City Clerk’s Office, City Hall, 200 ‘H’ Street, Antioch, CA 94509, Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding holidays. Copies are also made available at the Antioch Public Library for inspection.  NOTICE OF OPPORTUNITY TO ADDRESS THE BOARD The public has the opportunity to address the Board on each agenda item. Please see the Speaker Rules on the inside cover of this Agenda for additional information on public participation. AGENDA 3:00 P.M. ROLL CALL Ademuyiwa “Ade” Adeyemi, Chairperson Antwon Webster, Vice Chairperson Marie Livingston Ronald A. Grant Vacant Vacant, Alternate PLEDGE OF ALLEGIANCE PUBLIC COMMENTS – Only unagendized issues will be discussed during this time. 1. CONSENT CALENDAR A. APPROVAL OF BOARD OF ADMINISTRATIVE APPEAL MEETING MINUTES OF OCTOBER 6, 2022 Recommended Action: Motion to approve the Meeting Minutes. B. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS AND LIEN PROCESSING FEES FOR JULY 2022 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. 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 [1] JANUARY 5, 2023  BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Regular Meeting October 6, 2022 3:00 P.M. Council Chambers Vice Chairperson Webster called the meeting to order at 3:07 P.M. on Thursday, October 6, 2022. ROLL CALL: Present: Board Members Grant, Livingston, Vice Chairperson Webster Absent: Chairperson Adeyemi Staff Present: City Clerk, Ellie Householder Code Enforcement Manager, Curt Michael Minutes Clerk, Kitty Eiden Administrative Analyst, Vanessa Rosales Administrative Analyst, Edgar Villanueva PLEDGE OF ALLEGIANCE Vice Chairperson Webster led the Pledge of Allegiance. PUBLIC COMMENT – None 1. CONSENT CALENDAR A. APPROVAL OF BOARD OF ADMINISTRATIVE APPEALS MINUTES OF MAY 5, 2022 B. APPROVAL OF BOARD OF ADMINISTRATIVE APPEALS MINUTES OF JUNE 2, 2022 C. BOARD OF ADMINISTRATIVE APPEAL MINUTES OF AUGUST 4, 2022 (NO QUORUM) D. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS AND LIEN PROCESSING FEES FOR MARCH, APRIL, MAY, AND JUNE 2022 On motion by Board Member Grant, seconded by Board Member Livingston the Board of Administrative Appeals members present unanimously approved the Consent Calendar. NEW ITEM 2. SELECTION OF A PREFERENCE FOR FORMAT OF FUTURE MEETINGS: HYBRID OR IN-PERSON City Clerk Householder presented the staff report dated October 6, 2022, recommending that the Board of Administrative Appeals give direction on its desired method to meet moving forward. A 01-05-23 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting October 6 2022 Page 2 of 2 There are two available options: 1) Continue to conduct in-person meetings without video conferencing available to the public. Meetings would be broadcasted on the City website and the public could still participate remotely by calling in to a phone located in the City Council Chambers for the purpose of public comment. 2) Move to hybrid meetings, allowing people, including Board Members and Staff to participate virtually via Zoom if they choose. On motion by Board Member Grant, seconded by Board Member Livingston the Board of Administrative Appeals members present unanimously moved to hybrid meetings, allowing people, including Board Members and Staff to participate virtually via Zoom if they choose. WRITTEN/ORAL COMMUNICATIONS – None ADJOURNMENT On motion by Vice Chairperson Webster, seconded by Board Member Livingston the Board of Administrative Appeals members present unanimously adjourned the meeting at 3:14 P.M. Respectfully submitted: Kitty Eiden KITTY EIDEN, Minutes Clerk STAFF REPORT TO THE BOARD OF ADMINISTRATIVE APPEALS FOR CONSIDERATION AT THE HEARING ON JANUARY 5, 2023 Approved by: Curt Michael, Code Enforcement Manager Date: December 21, 2022 Subject: Approval of the Levy of Special Assessments on Certain Properties for Unpaid Administrative Citations and Lien Processing Fees for July, 2022. 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 Recorder’s Office and thereafter the assessment shall constitute a special assessment and lien against the property. FISCAL IMPACT The action will enable the City of Antioch to collect outstanding receivables against properties for the month of July, 2022, in the amount of $4,500.00. 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 Intent to Record Lien (Attachment B) 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, assessor’s parcel number, the municipal code violation, administrative citation fine and copy of the administrative citations. ATTACHMENTS A: List of Assessments B: Notice of Intent to Record Lien _______ B 01/05/23  LIEN AR CASE# APN AMOUNT PROC. FEE SITE ADDRESS OWNER LAST OWNER FIRST MAILING ADDRESS PAID CASTRO ANGEL GONZALEZ 3004 PLUMLEIGH AR166801 CE2206-226 071-092-002 $ 100.00 $290.00 3004 PLUMLEIGH AVE ROSALINA PEREZ AVE ANTIOCH CA 94509-4838 GOMEZ GUILLERMO CHAVEZ 1338 ASTER DR ANTIOCH CA AR166733 CE2206-149 074-333-021 $ 200.00 $290.00 1338 ASTER DR ESTHER PINEDA 94509-1412 4404 DEERFIELD AR166798 CE2205-282 053-272-009 $ 440.00 $290.00 4404 DEERFIELD DR HARRISON STEVEN & JENNIFER DR ANTIOCH CA 94531-7635 8603 FOUNDERS GROVE AR166886 CE2206-061 055-260-069 $ 340.00 $290.00 5032 ROCKWALL WAY LEE ATHENA ST CHINO CA 91708-8845 1827 TERRACE DR ANTIOCH AR166701 CE2201-156 068-082-047 $ 440.00 $290.00 1827 TERRACE DR WILSON DECHAUNTE & LESLIE CA 94509-2804 1827 TERRACE DR ANTIOCH AR166793 CE2201-156 068-082-047 $ 1,240.00 $290.00 1827 TERRACE DR WILSON DECHAUNTE & LESLIE CA 94509-2804 $2,760.00 $1,740.00 Total: $4,500.00 ATTACHMENT A  ATTACHMENT B NOTICE OF INTENT TO RECORD LIEN [DATE] [OWNER NAME] [OWNER ADDRESS] [OWNER CITY], [OWNER STATE] [OWNER ZIP] SUBJECT: NOTICE OF INTENT TO RECORD LIEN Address: [SITE ADDRESS] Parcel No. [SITE APN] Case No. [CASE NO] PLEASE BE ADVISED, the City of Antioch claims a special assessment of $[BAL DUE] pursuant to Cal. Gov’t Code §38773.5 and Antioch Municipal Code §1-5.09 for unpaid Administrative Citations and penalties relating to the above referred to real property. Said fines and late penalties are not subject to appeal. On Thursday, January 5, 2023, at 3:00 P.M. the ADMINISTRATIVE BOARD OF APPEALS will receive the proposed assessment for hearing and confirmation. Should you object to our INTENT TO RECORD LIEN and choose to challenge it at the hearing, you must submit any and all objections in writing to the City Clerk at least three (3) days prior to the date of said hearing. In addition, you will need to pay the required $50.00 appeal fee. Failure to submit written objections to the City Clerk at least three (3) days prior to the hearing date shall constitute a waiver of any such objections. Fines and late penalties are not subject to appeal. You may only object to the INTENT TO RECORD LIEN. Objections are on the basis that said fines and late penalties have been paid in full. BE FURTHER ADVISED that the amount of the assessment shall be recorded with the Contra Costa County Recorder’s office on January 10, 2023. To avoid recordation, please make payment to the City of Antioch, on or before January 3, 2023. Failure to respond to this notice shall not affect the validity of the proceedings. Please be aware that if a lien is recorded on your property there will be additional fees to record, and release said lien. CITY OF ANTIOCH COST RECOVERY/COMMUNITY DEVELOPMENT P.O. BOX 5007 ANTIOCH, CA 94531-5007 It is my desire that you will comply with this final notice, thus relieving the City of any further action. If you have any questions or wish to discuss this matter, please call Code Enforcement at (925) 779-7042. Sincerely, Curt Michael Code Enforcement Manager cc: City Attorney Community Development Department Code Enforcement Division P.O. Box 5007 • 200 H Street •Antioch, CA 94531-5007 • Tel: 925-779-7042 • Fax: 925-779-7034 • www.ci.antioch.ca.us  BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Regular Meeting October 6, 2022 3:00 P.M. Council Chambers Vice Chairperson Webster called the meeting to order at 3:07 P.M. on Thursday, October 6, 2022. ROLL CALL: Present: Board Members Grant, Livingston, Vice Chairperson Webster Absent: Chairperson Adeyemi Staff Present: City Clerk, Ellie Householder Code Enforcement Manager, Curt Michael Minutes Clerk, Kitty Eiden Administrative Analyst, Vanessa Rosales Administrative Analyst, Edgar Villanueva PLEDGE OF ALLEGIANCE Vice Chairperson Webster led the Pledge of Allegiance. PUBLIC COMMENT – None 1. CONSENT CALENDAR A. APPROVAL OF BOARD OF ADMINISTRATIVE APPEALS MINUTES OF MAY 5, 2022 B. APPROVAL OF BOARD OF ADMINISTRATIVE APPEALS MINUTES OF JUNE 2, 2022 C. BOARD OF ADMINISTRATIVE APPEAL MINUTES OF AUGUST 4, 2022 (NO QUORUM) D. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS AND LIEN PROCESSING FEES FOR MARCH, APRIL, MAY, AND JUNE 2022 On motion by Board Member Grant, seconded by Board Member Livingston the Board of Administrative Appeals members present unanimously approved the Consent Calendar. NEW ITEM 2. SELECTION OF A PREFERENCE FOR FORMAT OF FUTURE MEETINGS: HYBRID OR IN-PERSON City Clerk Householder presented the staff report dated October 6, 2022, recommending that the Board of Administrative Appeals give direction on its desired method to meet moving forward. A 01-05-23 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting October 6 2022 Page 2 of 2 There are two available options: 1) Continue to conduct in-person meetings without video conferencing available to the public. Meetings would be broadcasted on the City website and the public could still participate remotely by calling in to a phone located in the City Council Chambers for the purpose of public comment. 2) Move to hybrid meetings, allowing people, including Board Members and Staff to participate virtually via Zoom if they choose. On motion by Board Member Grant, seconded by Board Member Livingston the Board of Administrative Appeals members present unanimously moved to hybrid meetings, allowing people, including Board Members and Staff to participate virtually via Zoom if they choose. WRITTEN/ORAL COMMUNICATIONS – None ADJOURNMENT On motion by Vice Chairperson Webster, seconded by Board Member Livingston the Board of Administrative Appeals members present unanimously adjourned the meeting at 3:14 P.M. Respectfully submitted: Kitty Eiden KITTY EIDEN, Minutes Clerk STAFF REPORT TO THE BOARD OF ADMINISTRATIVE APPEALS FOR CONSIDERATION AT THE HEARING ON JANUARY 5, 2023 Approved by: Curt Michael, Code Enforcement Manager Date: December 21, 2022 Subject: Approval of the Levy of Special Assessments on Certain Properties for Unpaid Administrative Citations and Lien Processing Fees for July, 2022. 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 Recorder’s Office and thereafter the assessment shall constitute a special assessment and lien against the property. FISCAL IMPACT The action will enable the City of Antioch to collect outstanding receivables against properties for the month of July, 2022, in the amount of $4,500.00. 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 Intent to Record Lien (Attachment B) 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, assessor’s parcel number, the municipal code violation, administrative citation fine and copy of the administrative citations. ATTACHMENTS A: List of Assessments B: Notice of Intent to Record Lien _______ B 01/05/23  LIEN AR CASE# APN AMOUNT PROC. FEE SITE ADDRESS OWNER LAST OWNER FIRST MAILING ADDRESS PAID CASTRO ANGEL GONZALEZ 3004 PLUMLEIGH AR166801 CE2206-226 071-092-002 $ 100.00 $290.00 3004 PLUMLEIGH AVE ROSALINA PEREZ AVE ANTIOCH CA 94509-4838 GOMEZ GUILLERMO CHAVEZ 1338 ASTER DR ANTIOCH CA AR166733 CE2206-149 074-333-021 $ 200.00 $290.00 1338 ASTER DR ESTHER PINEDA 94509-1412 4404 DEERFIELD AR166798 CE2205-282 053-272-009 $ 440.00 $290.00 4404 DEERFIELD DR HARRISON STEVEN & JENNIFER DR ANTIOCH CA 94531-7635 8603 FOUNDERS GROVE AR166886 CE2206-061 055-260-069 $ 340.00 $290.00 5032 ROCKWALL WAY LEE ATHENA ST CHINO CA 91708-8845 1827 TERRACE DR ANTIOCH AR166701 CE2201-156 068-082-047 $ 440.00 $290.00 1827 TERRACE DR WILSON DECHAUNTE & LESLIE CA 94509-2804 1827 TERRACE DR ANTIOCH AR166793 CE2201-156 068-082-047 $ 1,240.00 $290.00 1827 TERRACE DR WILSON DECHAUNTE & LESLIE CA 94509-2804 $2,760.00 $1,740.00 Total: $4,500.00 ATTACHMENT A  ATTACHMENT B NOTICE OF INTENT TO RECORD LIEN [DATE] [OWNER NAME] [OWNER ADDRESS] [OWNER CITY], [OWNER STATE] [OWNER ZIP] SUBJECT: NOTICE OF INTENT TO RECORD LIEN Address: [SITE ADDRESS] Parcel No. [SITE APN] Case No. [CASE NO] PLEASE BE ADVISED, the City of Antioch claims a special assessment of $[BAL DUE] pursuant to Cal. Gov’t Code §38773.5 and Antioch Municipal Code §1-5.09 for unpaid Administrative Citations and penalties relating to the above referred to real property. Said fines and late penalties are not subject to appeal. On Thursday, January 5, 2023, at 3:00 P.M. the ADMINISTRATIVE BOARD OF APPEALS will receive the proposed assessment for hearing and confirmation. Should you object to our INTENT TO RECORD LIEN and choose to challenge it at the hearing, you must submit any and all objections in writing to the City Clerk at least three (3) days prior to the date of said hearing. In addition, you will need to pay the required $50.00 appeal fee. Failure to submit written objections to the City Clerk at least three (3) days prior to the hearing date shall constitute a waiver of any such objections. Fines and late penalties are not subject to appeal. You may only object to the INTENT TO RECORD LIEN. Objections are on the basis that said fines and late penalties have been paid in full. BE FURTHER ADVISED that the amount of the assessment shall be recorded with the Contra Costa County Recorder’s office on January 10, 2023. To avoid recordation, please make payment to the City of Antioch, on or before January 3, 2023. Failure to respond to this notice shall not affect the validity of the proceedings. Please be aware that if a lien is recorded on your property there will be additional fees to record, and release said lien. CITY OF ANTIOCH COST RECOVERY/COMMUNITY DEVELOPMENT P.O. BOX 5007 ANTIOCH, CA 94531-5007 It is my desire that you will comply with this final notice, thus relieving the City of any further action. If you have any questions or wish to discuss this matter, please call Code Enforcement at (925) 779-7042. Sincerely, Curt Michael Code Enforcement Manager cc: City Attorney Community Development Department Code Enforcement Division P.O. Box 5007 • 200 H Street •Antioch, CA 94531-5007 • Tel: 925-779-7042 • Fax: 925-779-7034 • www.ci.antioch.ca.us