Board of Administrative Appeals

Agenda prepared by: Office of the City Clerk (925) 779-7009 BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Date: Thursday, April 6, 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@antiochca.gov.  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@antiochca.gov, 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. B. APPROVAL OF BOARD OF ADMINISTRATIVE APPEAL MEETING MINUTES OF MARCH 2, 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] APRIL 6, 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 04-06-23 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  BOARD OF ADMINISTRATIVE APPEALS ADMINISTRATIVE REVIEW PANEL Regular Meeting March 2, 2023 3:00 P.M. Council Chambers ROLL CALL: Present: Board Member Livingston and Chairperson Adeyemi Absent: Board Member Webster Staff Present: Assistant City Attorney, Rachel Hundley Administrative Analyst, Vanessa Rosales Executive Legal Assistant, Rakia Grant-Smith Animal Services Supervisor, Cat Cottle Animal Control Officer, Melissa Ethridge Minutes Clerk, Kitty Eiden Acting City Clerk Rosales announced due to the lack of a quorum, the meeting would be continued to 3:00 P.M. on April 6, 2023. Respectfully submitted: Kitty Eiden KITTY EIDEN, Minutes Clerk 1B 04-06-23  STAFF REPORT TO THE BOARD OF ADMINISTRATIVE APPEALS FOR CONSIDERATION AT THE APPEAL HEARING OF APRIL 06, 2023 PREPARED BY: Melissa Ethridge -Animal Control Officer DATE: January 24 rd, 2023 SUBJECT: Administrative Citation 29885 -Animal Services Animal Services Case No: A22 077965 Antioch Municipal Code§ 6-1.501 UNLAWFUL ACTS (C) REQUEST: Appellant Kathy Almeida requests a hearing to appeal Administrative Citation No. 29250 issued on December 20, 2022, citing a violation of Antioch Municipal Code§ 6-1.501(() UNLAWFUL ACTS-Allow an animal to be at large. BACKGROUND INFORMATION: Activity #22-077965 Parties Involved; Animals Involved: Al27279 - "Mutley" BR BRINDLE/BLACK N PIT BULL/MASTIFF Reporting Party: Resident in area Dog Owner: Kathy Almeida On December 22nd , 2022 I responded to a report of an aggressive dog in the 2700 block of Bonita Ave. When I arrived at the location, I recognized the reported dog as "Mutley", a dog I had encountered in the past for similar reports. I confirmed that Mutley lived at �onita Ave. and approached him with a control pole. Mutley retreated to his driveway and waited near the fence to enter his yard. I placed the control pole on him so that I could safely return him to his property. Once inside the fenced yard, I attempted contact with the residents and received negative results. I removed the control pole and successfully secured the fence behind me when exiting the yard. I wrote a citation (Citation No. 29250) for Mutley being off his property and a notice to correct for Mrs. Almeida to clean up the feces in her yard as well as the scattered dog food as to avoid attracting rodents. Activity# 21-010194 Parties Involved: Animals Involved: A127279-"Mutley" BR BRINDLE/BLACK N PIT BULL/MASTIFF A524827-"Jazzy" CHOCOLATE LABRADOR RETREIVER Reporting Party: Karen Brown Dog Owner: Kathy Almeida