Board of Administrative Appeals

Agenda prepared by: Office of the City Clerk (925) 779-7009 BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Date: Thursday, March 2, 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 Vacant 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 Vacant 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 JANUARY 5, 2023 Recommended Action: Motion to approve the Meeting Minutes. 2. REGULAR AGENDA OATH for all intending to testify A. ANIMAL SERVICES CASE NO. A22-077965 / ADMINISTRATIVE CITATION NO. 29885 – APPEAL FILED BY KATHY ALMEIDA, ANTIOCH, CA – VIOLATION OF ANTIOCH MUNICIPAL CODE: § 6-1.501(C) UNLAWFUL ACTS – ALLOW AN ANIMAL TO BE AT LARGE. 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] MARCH 2, 2023  BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Regular Meeting January 5, 2023 3:00 P.M. Council Chambers Chairperson Adeyemi called the meeting to order at 3:01 P.M. on Thursday, January 5, 2023. ROLL CALL: Present: Board Members Livingston, Webster and Chairperson Adeyemi Staff Present: City Attorney, Thomas Lloyd Smith Code Enforcement Manager, Curt Michael Administrative Analyst, Vanessa Rosales Minutes Clerk, Kitty Eiden PLEDGE OF ALLEGIANCE Chairperson Adeyemi led the Pledge of Allegiance. PUBLIC COMMENT – None Chairperson Adeyemi acknowledged the passing of Board Member Grant and thanked him for his time serving on the Board of Administrative Appeals. He stated he hoped to be able to reach out to Mr. Grant’s family and thank them. 1. CONSENT CALENDAR A. APPROVAL OF ADMINISTRATIVE APPEALS MINUTES FOR OCTOBER 6, 2022 On motion by Board Member Webster, seconded by Board Member Livingston, the Board of Administrative Appeals unanimously approved the Minutes for October 6, 2022. B. APPROVAL OF THE LEVY OF SPECIAL ASSESSMENTS ON CERTAIN PROPERTIES FOR UNPAID ADMINISTRATIVE CITATIONS AND LIEN PROCESSING FEES FOR JULY 2022 On motion by Board Member Livingston, seconded by Board Member Webster, the Board of Administrative Appeals unanimously approved the Levy of Special Assessments on certain properties for unpaid Administrative Citations and Lien Processing Fees for July 2022 in the amount of $4,500.00. WRITTEN/ORAL COMMUNICATIONS – None ADJOURNMENT 1A 03-02-23 BOARD OF ADMINISTRATIVE APPEALS Regular Meeting January 5, 2023 Page 2 of 2 On motion by Board Member Webster, seconded by Board Member Livingston the Board of Administrative Appeals unanimously adjourned the meeting at 3:05 P.M. Respectfully submitted: Kitty Eiden KITTY EIDEN, Minutes Clerk  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