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RESOLUTION authorizing the City Manager or his designee to perform certain functions pertaining to the business license denial of Pearle Cab pursuant to City of San Leandro Municipal Code Section 2-2-450 and approving the findings of the Hearing Officer to deny the appeal of Ahmad Meher, Owner, regarding the Finance Director’s Decision to deny the business license for Pearle Cab
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WHEREAS, on March 8, 2017, the Finance Director rejected a business license application and taxicab business permit application for Pearle Cab pursuant to San Leandro Municipal Code Section 2-2-420 after determining that Pearle Cab could not comply with applicable laws and San Leandro Municipal Code Section 6-6-225(j), after determining that Mr. Meher had, within the past ten (10) years, “committed an act of violence, dishonesty or fraud with the intent to injure another person or to benefit the applicant or another” and after determining that Mr. Meher did not have a valid taxicab driver’s permit; and
WHEREAS, pursuant to San Leandro Municipal Code Section 2-2-450, Pearle Cab timely submitted an appeal of the Finance Director’s decision; and
WHEREAS, City of San Leandro Municipal Code Section 2-2-450 authorizes the City Council to delegate the authority to conduct a hearing for appeals regarding business license revocations to a hearing officer and make a recommendation to the City Council for a final determination; and
WHEREAS, the City Council does hereby wish to delegate this authority to the City Manager or his designee; and
WHEREAS, under San Leandro Municipal Code Section 2-2-450, at an appeal hearing, the applicant must show cause why the action or determination of the Finance Director should not be approved. The findings of the City Council are final and conclusive in the matter; and
WHEREAS, the decision of the Hearing Officer must be submitted to the City Council which may, on the basis of the record only, approve or disapprove the findings of the hearing officer. The findings of the hearing officer for the business license denial appeal for Pearle Cab are attached hereto, and made a part hereof.
NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows:
1. The Recitals above are true and correct, and made a part of the City Council’s decision; and
2. Pursuant to City of San Leandro Municipal Code Section 2-2-450, the City Council hereby authorizes the City Manager, or his designee, to conduct the appeals hearing for the denial of the Pearle Cab business license. The City Manager is authorized to take all appropriate steps to conduct the appeal consistent with City of San Leandro Municipal Code Section 2-2-450; and
3. Pursuant to City of San Leandro Municipal Code Section 2-2-450, the City Council approves the findings of the Hearing Officer; which are as follows:
“The applicant failed to show cause why the action or determination of the Finance Director should not be approved. Based upon the evidence submitted and the findings set forth, the business license denial and taxicab business permit denial are upheld and the appeal is denied.”
4. The City Manager is hereby authorized and directed, on behalf of the City Council, to take all actions necessary or appropriate to carry out and implement the intent of this Resolution.