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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO. 2017-053 <br />RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO <br />PERFORM CERTAIN FUNCTIONS PERTAINING TO THE BUSINESS LICENSE <br />DENIAL OF PEARLE CAB PURSUANT TO CITY OF SAN LEANDRO MUNICIPAL <br />CODE SECTION 2-2-450 AND APPROVING THE FINDINGS OF THE HEARING <br />OFFICER TO DENY THE APPEAL OF AHMAD MEHER, OWNER, REGARDING <br />THE FINANCE DIRECTOR'S DECISION TO DENY THE BUSINESS LICENSE FOR <br />PEARLE CAB <br />WHEREAS, on March 8, 2017, the Finance Director rejected a business license <br />application and taxicab business permit application for Pearle Cab pursuant to San Leandro <br />Municipal Code Section 2-2-420 after determining that Pearle Cab could not comply with <br />applicable laws and San Leandro Municipal Code Section 6-6-2250), after determining that Mr. <br />Meher had, within the past ten (10) years, "committed an act of violence, dishonesty or fraud <br />with the intent to injure another person or to benefit the applicant or another" and after <br />determining that Mr. Meher did not have a valid taxicab driver's permit; and <br />WHEREAS, pursuant to San Leandro Municipal Code Section 2-2-450, Pearle Cab <br />timely submitted an appeal of the Finance Director's decision; and <br />WHEREAS, City of San Leandro Municipal Code Section 2-2-450 authorizes the City <br />Council to delegate the authority to conduct a hearing for appeals regarding business license <br />revocations to a hearing officer and make a recommendation to the City Council for a final <br />determination; and <br />WHEREAS, the City Council does hereby wish to delegate this authority to the City <br />Manager or his designee; and <br />WHEREAS, under San Leandro Municipal Code Section 2-2-450, at an appeal hearing, <br />the applicant must show cause why the action or determination of the Finance Director should <br />not be approved. The findings of the City Council are final and conclusive in the matter; and <br />WHEREAS, the decision of the Hearing Officer must be submitted to the City Council <br />which may, on the basis of the record only, approve or disapprove the findings of the hearing <br />officer. The findings of the hearing officer for the business license denial appeal for Pearle Cab <br />are attached hereto, and made a part hereof. <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as <br />follows: <br />1. The Recitals above are true and correct, and made a part of the City Council's decision; <br />and <br />2. Pursuant to City of San Leandro Municipal Code Section 2-2-450, the City Council <br />hereby authorizes the City Manager, or his designee, to conduct the appeals hearing for <br />the denial of the Pearle Cab business license. The City Manager is authorized to take all <br />