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File Number: 17-192 <br />Police Department. Additionally, Mr. Meher submitted a business license application and a <br />taxicab business permit application to the Finance Director on or around August 8, 2016. <br />Pursuant to San Leandro Municipal Code Section 6-6-315(h), the Police Department denied <br />the taxicab driver’s permit application on October 4, 2016 after determining that Mr. Meher <br />had, within the past ten (10) years, been convicted of an offense involving the use of force or <br />violence upon another person. Mr. Meher never appealed the denial of the taxicab driver’s <br />permit. <br />Pursuant to San Leandro Municipal Code Section 6-6-225(j), the Finance Director denied the <br />taxicab business permit application and corresponding business license application on March <br />8, 2017 after determining that Mr. Meher had, within the past ten (10) years, “committed an <br />act of violence, dishonesty or fraud with the intent to injure another person or to benefit the <br />applicant or another”. <br />Mr. Meher submitted an appeal of the Finance Director’s denial of the taxicab business permit <br />and the business license. Pursuant to the San Leandro Municipal Code, the City Manager <br />considers appeals of the denial of the taxicab business permit and the City Council considers <br />appeals of the denial of the business license. <br />The proposed resolution authorizes the City Manager, or his designee, to perform the City <br />Council’s duties regarding the appeal by Pearle Cab. Transferring this responsibility to the City <br />Manager relieves the City Council of the task of holding the full appeal at a City Council <br />meeting and allows the City Manager’s designee to concurrently consider the appeal of the <br />denials of the taxicab business permit and the business license. <br />The City Manager designated Deputy City Manager Eric Engelbart to serve as the Hearing <br />Officer for the appeal of the denials for the taxicab business permit and business license. <br />Under the San Leandro Municipal Code, the City Council, based upon the record only, may <br />approve or disapprove the Hearing Officer’s Findings. On March 23, 2017, the Deputy City <br />Manager, the City’s independent Hearing Officer for this case, held a hearing for the applicant <br />to show cause why the action or determination of the Finance Director should not be <br />approved. On April 3, 2017, the Hearing Officer rendered his findings, and decision. The <br />Hearing Officer’s findings and decision are attached. <br />For purposes of expedience for both the business applicant and the City Council, staff <br />recommends that the City Council concurrently and retroactively refer consideration of the <br />business license appeal to the City Manager or his designee, in this case, the Deputy City <br />Manager. Pursuant to the Hearing Officer’s Findings and Decision, the applicant failed to <br />show cause why the action or determination of the Finance Director should not be approved, <br />which was to deny the business license. Based upon the evidence submitted and the findings, <br />the business license rejection of Pearle Cab should be upheld and the Pearle Cab owner’s <br />appeal of the business license rejection should be denied. <br />Page 2 City of San Leandro Printed on 4/10/2017 <br />34