Loading...
HomeMy WebLinkAbout11/14/2006, PH 6 - APPEAL BY PATRICK J. WRIGHT OF TAXI PERMIT DENIAL council acjcnoa REpoRt CITY OF SAN LUIS O B I S P O FROM: Deborah E. Linden, Chief of Police® Prepared By: Keith Storton, Police Sergeant SUBJECT: APPEAL BY PATRICK J. WRIGHT OF TAXI PERMIT DENIAL CAO RECOMMENDATION Deny the appeal and uphold the action of the Police Chief to deny Patrick J. Wright a taxi driver's permit. DISCUSSION Background Pursuant to San Luis Obispo Municipal Code 5.20.2 10 anyone who desires to drive or operate a taxi cab within the City must first obtain a taxi driver permit from the Police Department. The department provides all applicants with instructions, an application, and a copy of the Municipal Code sections outlining the taxi driver permit process and the requirements that must be met to successfully obtain a permit. A copy of the applicable Municipal Code sections is attached (attachment 1). Once submitted to the Police Department applications are reviewed and approved or denied by the Chief of Police. On October 3, 2006 Mr. Partick J. Wright submitted a completed taxi permit application to the Police Department. A copy of the application is attached.(attachment 2). In accordance with the Municipal Code (section 5.20.210 C6) applicants are required to disclose all criminal convictions as part of the application process. The appellant, Mr. Wright, disclosed that he had been arrested for writing"bad checks" and for failing to appear in court relating to the same case on page 3 of the taxi permit application under"Part 5: Criminal Record." As part of the application process applicants are required to submit a set of fingerprints to the California Department of Justice (DOJ) for a criminal history check. The resulting DOJ report confirmed the arrest information provided by Mr. Wright. In addition, the report indicated that Mr. Wright had also been arrested and convicted for a violation of 23152(A) of the California Vehicle Code, Driving Under the Influence of Alcohol/Drugs in 1993 in the City of Ventura. Mr. Wright failed to disclose this information under the appropriate "Criminal Record" section on the taxi permit application. Mr. Wright did indicate on Page 1 of the taxi permit application, under "Part 2: Driver's License Information/Driving Information", that his driver's license was suspended in February 1993 for a"DUI". 6-1 � • C�� Appeal by Patrick J.Wright of Taxi Permit Denial Page 2 Grounds for Permit Denial The municipal code outlines specific provisions where the Chief of Police shall not issue a taxi permit. Two of these provisions are:. SLO Municipal Code 5.20.210 E. No permit shall be issued to any of the following persons: 4. Any person who has been convicted of driving recklessly or while under the influence of intoxicating liquors or narcotics; 7. Any person who has made a material misstatement in the permit application. After reviewing the information provided by Mr. Wright in his permit application, and his DOJ criminal history information, Chief Linden denied Mr. Wright's request for a taxi permit as required by SLO Municipal Code section 5.20.2 10 E. Specifically, Mr. Wright has been convicted of driving while under the influence of intoxicating liquors or narcotics (DUI), an offense specifically listed as a basis for denial in Municipal Code section 5:20.210 E4. Additionally,Mr. Wright failed to fully disclose on the taxi permit application under"Part 5: Criminal Record"that he had been arrested and convicted of DUI in 1993. He alluded to this fact by stating in a different section of the application that his driver's license had been suspended for DUI. The permit application clearly states that applicants are required to list all criminal convictions in part 5. After the application was denied, Mr. Wright told Sgt. Storton that he had not listed the DUI conviction on his application because it had happened."so long ago." This statement indicated to Sgt. Storton that Mr. Wright purposefully did not list the DUI conviction in the part 5 of the application as required. The Appeal Process Municipal Code 5:20.240 outlines an applicant's right to appeal the Police Chief's decision to Council. This section requires a hearing before Council to consider the evidence submitted and determine whether or not the denial of the permit by the Chief of Police was justified. If Council determines that good cause exists for the denial,then Council "shall affirm the action of the chief ofgolice and order the denial" of the permit. If Council determines that the denial was not justified based on the evidence submitted, then Council shall direct the permit be issued to the applicant. Either way, Council's action is "final and conclusive." Based on the information provided above, and the fact that the basis for Chief Linden's denial of Mr. Wright's permit request is clearly based on articulated language in the City's Municipal Code rather than on a subjective standard, staff recommends that the Council deny Mr. Wright's appeal and affirm the Police Chief's decision. FISCAL IMPACT There is no fiscal impact. G:\BusinessOffice\CAO Reports\Council Agenda Report-Wright Taxi Permit Denial 11-14-06.DOC Appeal by Patrick J.Wright of Taxi Permit Denial Page 3 ALTERNATIVES Council could determine that the denial was not justified and direct the permit be issued to the applicant. Based on the evidence presented, staff does not recommend issuing the permit since it would be contrary to articulated language in the Municipal Code. ATTACHMENTS Attachment 1 - Copy of San Luis Obispo Municipal Code 5.20.210—5.20.250. Attachment 2 - Copy of Patrick Wright's Taxi Permit Application. Attachment 3 —Copy of Mr. Wright's appeal G:\BusinessOffice\CAO Reports\Council Agenda Report-Wright Taxi Permit Denial 11-14-06.DOC - lATTAG H ME=►J"T � Page 1 of 2 5.20.210 Driver's permit'rtquiru t-Application. - `J A. No person shall drive or operate any of the vehicles mentioned in Section 5.20.010 without first obtaining a permit in writing to do so from the chief of police,or any person designated by him. Permit issued will entitle the driver to work for only those employers whose name appears on the permit. A new permit will be required for each subsequent employment;provided,however,that no application shall be necessary other than a ratification of change of employment and proof of a negative test as specified in subsection (C) (4) below. B. Any application for a driver's permit shall be accompanied by a fee as set by resolution of the council. The application fee shall be used to defray,in whole or in part,the city and/or state costs of investigation and review of the application. C. Applicants for such permits shall file applications therefor'with the chief of police. The application shall contain the following information together with three pictures of the applicant: 1. Name,marital status,age,residence,last previous address,and the length of residence at such last address and in the city. 2.The names and addresses of two residents of the city acquainted with the applicant. 3.Complete fingerprinting of applicant. 4. Proof of a negative test for controlled substances and for alcohol which complies with the requirements set forth in Government Code Section 53075.5. 5. The name of the driver's employer or prospective employer. 6.All criminal convictions. D. The application will not be processed by the chief of police or his designee until the application is complete and all of the required information has been submitted. E.No permit shall be issued to any of the following persons: 1.Any person under the age of twenty-one years; 2. Any person not a citizen of the United States or who has not lawfully declared his intention to become such; 3. Arry person who has been convicted of a felony or a crime involving moral turpitude; pandering, using,possessing,selling or transporting narcotics;or imparting information for obtaining narcotics; 4. Any person who has been convicted of driving a vehicle recklessly or while under the influence of intoxicating liquors or narcotics; 5.Any person not possessing a valid chauffeur's license issued by the state; 6. Any person convicted of violating any provisions of this chapter or any similar ordinance of another public agency; 7..Arry person who has made a material misstatement in the permit application. 8. Arry person who has had two or more convictions of misdemeanor hit and run,or speed violations as set forth in the Vehicle Code of the state occurring during any consecutive period not exceeding twelve months. F. Any person whose application has been denied may appeal that denial in accordance with the provisions set forth in Section 5.20.230. (Ord. 1298 § 1, 1996;prior code§6240.19) 5.20.220 Renewal of driver's permit. A driver's permit shall be renewed annually. The renewal fee shall be set by resolution of the council and shall be used to defray,in whole or in part,the city and/or state costs of investigation of the renewal. Prior to renewal, each driver shall submit proof of a negative test for controlled substances and for alcohol which complies with the requirements set forth in Government Code Section 53075.5. The driver's permit shall be renewed unless any of the grounds for revocation set forth in Section 5.20.230 exist. (Ord. 1298 § 1, 1996) 5.20.230 Revocation of driver's permit. The chief of police may revoke or refuse to renew an operator's license if the driver or applicant has since the granting of his permit: A. Been convicted of a felorry or a crime involving moral turpitude;pandering,using,possessing,selling or transporting narcotics;or imparting information for obtaining narcotics; B. Been convicted of driving recklessly or while under the influence of liquors or narcotics; C. Had his state driver's or chauffeur's license revoked or suspended; D. Had two or more convictions of misdemeanor hit and run, or speed violations as set forth in the ©1997 Code Publishing,Inc. page I �7 +�a�h►n1v,+ .� Wage 2 of 2 Vehicle Code of the state occurring during any consecutive period not exceeding twelve months; E. Failed to submit proof of a negative test for controlled substances and alcohol as required in Section 5.20.220. F. Been convicted of violating any of the provisions of this chapter. (Ord. 1298 § 1, 1996; prior code § 6240.22) 5.20.240 Driver's permit application denial or driver's permit revocation-Appeal. Any person whose application for a driver's permit has been denied or any driver whose permit has been revoked pursuant to Section 5.20.240 by the chief of police may, within ten days of such revocation, file an appeal from such denial or revocation with the council,and a hearing shall be held before the council on such revocation. It in the opinion of the council, the denial or revocation is not justified from the evidence submitted to it at such hearing, the permit shall be issued or reinstated. If, upon the hearing, it shall appear that good cause exists therefor,the council shall affmn the action of the chief of police and order the denial or permanent revocation of the permit. The action of the council on such a revocation shall be final and conclusive. Pending such hearing, it is unlawful for such person or driver to operate a taxicab within the city. (Ord. 1298 § 1, 1996;prior code§ 6240.23) 5.20.245 Reapplication upon positive test for controlled substances and alcohol. Any person whose permit application is denied or whose permit is revoked based on his or her failure to submit proof of a negative test for controlled substances and alcohol may reapply for a driver's permit after a period of one year from the date of the permit denial or revocation. Evidence of the absence of drug dependency from a substance abuse professional and proof of a negative drug and alcohol test will be required prior to reapplication. (Ord. 1298 § 1, 1996) 5.20.250 Return of driver's permit upon termination of employment. . The driver shall notify the chief of police of his termination of employment with the listed employer and shall return the driver's permit to the chief of police..The driver's permit shall become null and void upon the driver's termination of employment. (Ord. 1298 § 1, 1996) —S 01997 Code Publishing,Inc. Page 2 ® L;O MACHMENT 2 Page 1 of 4 !s r/ SAN LUIS OBISPO POLICE DEPARTMENT TAXI PERMIT APPLICATION New Application ❑ Renewal OfpT l0`b PART 1: IDENTIFYING INFORMATION APPLICANT# - Last Name First - - Middle F-ILq+IT AYR I<- So Plias or Malden Names --- - Home Address 151 'TINIS FA M KCP cityState Zi Code P"^^^" "_• /w LO Is n a I s ttn `3 40► Fm-nt RirtbAgeO Place of Birth ex Height Weig Hair E es Male. Female 5'•(I t YDWI �'"" U.S.Citizen Resident Alien Number _ ®Yes ❑ No __ Race WhRe - Black LI Asian Soars,Tattoos,Marks,Amputatlons His anic n Other p��r Len hbf time aCpresent address Scars,Tattoos Continued - Vt3.P fy_ List_he address of two previous residences - -- r Previous address continued Alias or Malden Names PART 2:DRIVERS LICENSE INFORMATION I DRIVINGINFORMATION Driver's License No. Stat.. Expiration Date Type/Class 2 Derma cx;ense ourma - - - Has your Drivers License ever.been Suspended or IR Valid 0Suspended/Revoked. Revoked?:FO Yes No Beginning pate of Suspension Ending date of guspension Reason for Suspension a Plr -DvZ Beginning Date ofSuspension Ending d t Suspension Reason for Suspension Beginning Date of Suspension Ending data of Suspension- Reason for Suspension Have you ever been refused automobile Reason for refusal of in_suranc_e? Insurance? I]Yes A No . Do you currently have Automobile Name of Company antl Policy Number Insurance?)EYes ❑No Q -24• V09}los !B'?/ZS 1 Certain information redacted to protect appellant ' s privacy. Page 2 of 4 SAN LUIS OBISPO POLICE DEPARTMENT TAXI PERMIT APPLICATION PART 2:CONTINUED Have vxcu ever.been in a traffic accident? hd Yes Lj No Date Location VAmDc,.5 v2b Pl Explanation(Who caved the 'hell '3 a, �� L.oywvS, C.4%, codwon)41 *e t=om Date Location Explanation(who=unit ft coaelan) Date Location Explanatlon who wised the cdlWan Part 3: TAXI COMPANY APPLIED FOR The Applicant has applied for a position with Sig rletureof lover( gn&Dole) (Name of Tail Company) l BGALH CITIES C^? Co S 6L Date of Employment -Atldress OC7.OG sem^ <Yo Co g3ydt Phone Number Currently EEmployso by Company ZSL ❑YES ULW- ver beenernloyed by another Taxi Company Name,address and Phone Number Company? ❑Yes.W No Ever leen employ"another Taxi Company Name,address and Phone Number Company?'LYes Me No Ever beenem toyed b another Taxi Company Name,address and Phone Number Company? ffYes gNo PART 4:. References Name Address(Street or PO BOX,City) Phone Number Q1WOv ,FNSyy 515 0,50S W lay N f 0 QQQLr.S CA S-tdlti-9fl2? Name Address(Street or PO BOX,City) -Phone Number FiE�cY Y.cTCq�tn 2.Q24 pub OVA ibCl - Saat its 6915Po CA 93401 EeS•2ls-n2y1 2 rn��,-� -Page 3 of 4 ' d V SAN LUIS OBISPO POLICE DEPARTMENT TAXI PERMIT APPLICATION PAW 5: CRIMINAL RECORD Lisle" cornrictlolta leas of`Gull or'Nolo Contendre'to an offense _ Original Arrest Cherge(s) (Crime) Arresting Agency Date of Violation (30D CAWc.W,.S $+w Wt7 Original ArrostCharge(s) (Crime) Arresting Agency Date of Violation 10/0 Original Arrest Charge(s) (Crime) Arresting Agency Data of Violation Original Arrest Charge(s) (Crime) Arresting Agency Date of Violation Original Arrest Charge(s) (Crime) Arresting Agency Date of Violation Original Arrest Charge(s) (Crime) .Arresting Agency' Date of Violation Original Arrest Charges) (Crime) Arresting Agency Date of Violation Original Arrest Charge(s) (Crime) Arresting Agency Date of Violation Original Arrest Charge(s) (Crime) Arresting Agency Date of Violation Original Arras[Charges) (Crime) Arresting Agency Date of Violation Original Arrest Charge(s) (Crime) Arresting Agency Data of Violation "Original Arrest Charge(s) (Crime) Arresting Agency - Date of Violation 3 K _t� Page 4 of 4 SAN LUIS OBISPO POLICE DEPARTMENT TAXI PERMIT APPLICATION PART B: CERTIFICATION 1 hereby certify under the penalty of perjury that the Information glven is true and correct. I understand that providing false information or withholding Information,Including any criminal record,Is grounds for denial or revocation of my permit,and may subject me to criminal prosecution. 1 do hereby authorize the City of San Luis Obispo,Its agent and employees to seek verification of the Information contained on this application. I further understand that I.may not conduct the activity applied for until a permit has been granted. "—p <ZZZ��x Sidabiture and date POLICE DEPARTMENT USE ONLY: 0Two Passport Size Photos [ZC/urrent DMV History py of Request of Live Scan form l�t Make copy of CDL L80 Permit Fee Urine Screen,New applicant& ,P $2 Receipt from Finance Renewal (Original Mailed to Police Department) MM 07/01M4 4 � �9 f1`f'TAG"MF�ff_ �zj O'lrl of='S FlUng Fee: $100.0 bald Date Received WA_____ D . or OCT 18.$ 6 fi�san Us ompo APPEAL TO THE CITY COUNCIL SEcrM 1. APPaLAWrfiWVRMANW PATe 4 Y Wgua-4m E $era cros Win to ,in io 1 mid Zip Code ftns 23s L$8S) 5,43 - RZs1 t�hoi�e Fax I en�s f+lema• , nnafngand Zip Code Title Phone Fax SSE MN2 SU1M70FAPPM 1. Me — Im r,e v M.the proapedures set feat In TAwl,'t 120 of the San ttri&Obispo Murncipat Uode(COPY ,i hereby 8ppeal the deasion of cher (Nam of Off,Oortatfee ar Conarion d6d.slon belt appealed) 2 The.Me the decisiotp being appeaW was : 0 CT6 ]� S t? QlQ a The ate,orprojeaw' s'S erred: YAx l �E2lh�r �IPPC.IGATY�i►1 4. t the naar wfth the ld wrfng city staff, me 661 ��T. 3°tDtzTe c-�c�- oQ ont�c.1Q t3 200 (lff# s. ame aru!pepar ►q (bate S. H86-ft-amMer bow the s Umd at a pak4ous app? If-so.mi m.vaas J hdwd and byvvh= :Srdlima. REAWN MR APPEAL EVkM lir mdW aWwVs you am appeOg and VAW you believethe couux1 should consider your ADD"l lndude Ww mom you have do supports.Your appeal Ycu imyatkwh aaAawar d if 7FTSfiovmuesonL>�adharffida" _ Page 1 of 3 lQ �� Reason for Appeal continued 1 Wn 4PP AUrit.- A TAY 'itmC Pjr-N tA- ALAI+ice? rl MY D rA Y 41t t"f dd'F ey t ow S roe u Z COwy rr-rer.,t #.Ar-rnr :tF;-V) MV iAxf D 2mrT APt�jr,nrj?rr riVIS 09zfjiiy-D U:C.tp v2 c ar- A -64aa" M44- 603 -7 f►m _PLEADMI(, Farms TV E, uLilrS CniNC10EIZ AT%7 r+ - NIS InA T:r6$L Ac to T� 6%9AKM 'fqi� Q?PQi Mg A AN To �. rT-4i c m aNly iN e_'Rsot-4 sEc7i c ARPFLIANrs hEsPoNsIBJLRY 1 The San Luis Obispo City Council values public participation in local government and encourages all forms of citizen involvement. However,due to real costs associated with City Council oonsiderallon of an appeal, including public notification,all,appeals pertaining to a planning application or project are sd*d to a filling fee of 4106',which must accompany the appeal torm. Your right to exercise an appeal comes with certain responsibilities. N you We an appeal,please understand that it must be heard within 45 days from filing this form. You will be notified in writing of the exact date your appeal will be beard before the Council. You or your represerttstive vA be ovected to attend the public hearing,and to be_prmoaered to make your case. Your testiirtaty.is tirnibad to l o#*Mes. A oottinuence maybe granted under certain and unusual�. If you feel You need to request ao&Mnt ante,you rTw4 subs*your request.ln.wrWhg to the City Clerk. Please be advised that#your request for cortirwance Is received after the appeal is noticed to the public,the Council may not be able to grant the request for continuance. Submitting a request for continuance dam not guarantee drat it nfflb&Vw"dfiWac&n is atOwdsamlion of ffte City Couna7. lheaebyagneatoappesra gorsendajgpreswftdvetooppearcamybehalfwhw s app�ea!is `a hearing before Me Qty Corma7. c (am) ExceAlm-ka the IM t)Ap#.ftW 0l True CgMMMw dedslons. 2)MW at�awenMW sP�peuam Bas already pWd tho city$1,0,D io'appeal ills a m=maker to a City GIIW l or coundl adVWM body. This Item Is hweby eatendared for A e: City Att mey City Administrative officer Aepardrrent Head - City .5 67' ./ Page 2 of 3 arat qF(acin -4 CALIFORNIA DEPARTMENT OF MOTOR VEHICLES ***CUSTOMER RECEIPT COPY*** DRIVER LICENSB/IDENTIFZCATION CARD INFORMATION REQUEST 10/03/06 DAK99933547X4C4717047 DATE:10-03-06*TlME:09:58* DL/NO:C4717047* B/D:09-29-1966*NAME:WRIGSIT,PATRICK JON* RES ADD AS OF 08-11-05:281 TANK FARM RD, SN LUIS OBISP 93401* OTH ADD AS OF 09-26-02x421 DANA ST 11, SN LUIS OBISP* IDENTIFTING XWORHATIONs SS%:MALE*AAIR:BROWN*EYES:BRN*HT:5-11*WT:300* LIC/ISS:09-26-02* ESP:09-29-07*CLASS:C NON—COMMERCIAL Ml MOTORCYCLE* ENDORSEMENTS:NONE* RRALTS QUESTIONNAIRE EXPTRR :NO * RESTRICTIONS: MUST WEAR CORRECTIVS LENSES wmm DRIVING* LICENSE STATUS: VALID* DEPARTMENTAL ACTIONS: NONE* CONVICTIONS: NONE* FAILURES TO APPEAR: NONE* ACCIDENTS: DATE/TIME LOCATION VER—LIC REPORT NO FR CASE NO 05-2804 99 SANTA 'MARIA DMV 04-04-31351 UPDATED:07-09-04* x x x END * .r 547 100306 15 5008 DIR $ 5.00 4 �a San Luis Obispo Mnniaipal Code S.20,Zi0 Revocation of driver's permit. The chief of police may revoke;or refuse to renew an operators license if the driver or applicant:has since the granting of his or hes permit A- Been convicted of a felony or a crmme involving moral turpitude; pamide:mg, using, possessing, selling ortrattsportiag narcotics;or mVwtmg inferruation for obtaining narcotics; B. Been convicted of driving recklessly or while under the influence of liquors or narcotics; G Had his or bar state driver's or chanffeues license revoked or suspended; D. Had two or more convictions of misdemeanor hit and run,or speed violations as set forth in the Vehicle Code of the state occurring during any consecutive period not exceeding twelve months; E. Failed to submit proof of a negative test for controlled substances and akebol as required in Section 5.20.210; F. Been convicted of violating any of the provisions of this dktptear. (Ord. 1298 § 1, 1996;prior code§6240.22) 5.20JA0 ]Driver's perry t application denial or driver's permit revocation---Appeal Any person whore application for a driver's permit has been denied or any driver whose permit has been :evoked pursuant to Section 5.20.230 by the chief of police may,within ben days of such revocatioa,fie an meal from such tenial or revocation with the council,and a hearing shall be held before the council on such revocation. If, in the opinion of the cocmcid,the denial or revocation is not justified from the evidence submitted to it at such hearing,the permit shall be issued or reinstated.If,upon the hearing,it shall appear that good cause exists d aefor,the council shall d�the action of the chief of police and order the denial or permanent revocation of the permit. The action of the council on such a revocation shall be final and conclusive.Pending such bearing,it is unlawful for such person or driver to operate a taxicab within the city.(Ord 1298§ 1,.1996;prior code§6240.23) Prmmd from Folic Views Pagel itj--san tw cMpo Pofm Depmotmet Memorandum 1042 wamot SW,ca 93401 (805)781-7317 TO: QM DB>)orah t bxft FROM SgL K M A Sturton DATE: Odober% 2006 -SUBJECT: Taxi DrivM Permit— 1 ttave reviewed the matwial submitted by thio for a City tad drives permit artd have torrid d the nwterial W be in oorrProwe wM City rem. The q~s din*W hey records have bewt dwxftd with ft MowhV results: ft'Verprid dw&negative. Drug goner results ane negative. Permit issued' No drsquelifft arfanretion was bcde& Rerarto the attached vrtdrmetlon for duels. JL Uitdiorrrretion of a dsquafdyi V nab"was d Thi aVlicwa has a primo amwiction for CVC 23152(8)—DUI on 05-194& The appkwd vras swdenced to 3 yaws proba6orr. The SLO Nitatiopul Code Wentitm several mons to deny an permit mat SLO Code section&20.210 stelae: E Ab pvvdtahmil be lawdm mryofdwfbMmbgpersona: I.Mypmm who ho been aoomto d yf*hft a v&Vde redkoly or vhtk W der die 000W ofd LVxm or, . Based on the above results of dit, app6carrt an on,J r mmnwrd: AppvM Sergeant Keith A. Storton ph 0 Wednesday,March 19,2003 Ron Dunin 1024 Karen D San Luis Obispo Calif 93401 To whom it may concern: The following is a letter of recommendation for Mr. Patrick Wright. Patrick has been in my employ for the past six years as a residential apartment manager. Patrick is a confident, self-relient and determined individual. FTis work habits are good and has demonstrated conscientious about his work and work schedule. Patrick relates to people in a courteous,tactf d and pleasant manner. He handles difficult situations with maturity,good judgment and adaptability. Always performing quality work and purchasing materials with a mindfulness of cost and value Patrick has garnered my personal respect and admiration for his dependability and resourcefulness. With little or no supervision,Patrick performed all aspects of the day to day tasks of operating a 17 unit apartment complex.. Patrick is very cooperative and responsive to new ideas and policies,which aid in the betterment of the operation. Patrick has been called upon to work at all hours of the day and night and works well under pressure. With this experience,Patrick certainly will be an asset to wherever he seeks and finds employment. Sincerely, Ron Dunn G Retired mayor of San Luis Obispo, California OF Your 1St & bast Stop 281 Tank Farm Road ► r San Luis Obispo, CA 93401 E-Mail: slas@juno.com To Whom It May Concern: This is a letter of recommendation for Patrick Wright. Patrick has been under our employment for the past three years. We hired Patrick based on his clean driving record and positive feedback from his previous employer. I have worked closely with Patrick and have found him to be a responsible and dependable person. Patrick is a key holder and oversees the business in my absence. I believe Patrick will be an asset to any company who chooses to hire him. Randy Jorgensen Owner, San Luis Auto Salvage TOLL FREE: 800-222-9509 LOCAL: (805) 543-9509 FAX: (805) 543-9251 ��each Cities Cab Co", Ind YOUR DESIGNATED DRIVER°" P.O.Box 886 Beach Cities Pismo Beach,CA 93448 O Toll Free 1-866-GO-CAB-GO (805)543-12349"® FAX(805)787-0132 November 13, 2006 City Council of San Luis Obispo Re: Patrick Wright I have known Patrick Wright for at least three years. If he was not a sound individual, I would not pursue employment with him for my company. Patrick has already been approved with my insurance company, and permitted to drive for me. I would appreciate that the council approve Patrick Wright to drive taxi's for me. Best regards. ?JeffGO2<berg CEO/Founder Beach Cities Cab Companies, Inc. 0 Filing Fee: $100.0 PaiuDate Received N/A RECEIVED city O 'REFER TO SECTION 4 OCT 18 2006 san tUI s OBI SPO APPEAL TO THE CITY COUNCIL SECTION 1. APPELLANT INFORMATION PAT21cle- 7 WIZ104rr ZSI i A K FAiZM 5PN L lS 0015M CA A340 Name Mailing Address and Zip Code (010S) Z35 -0790 LROS) 543 - 9251 Phone Fax N /A Representative's Name Mailing Address and Zip Code Title Phone Fax SECTION 2. SUBJECT OF APPEAL 1. In accordance with the procedures set forth in Title 1, Chapter 1.20 of the San Luis Obispo Municipal Code (copy attached), I hereby appeal the decision of the: 5UT. STDg-TDU ;.Ln. F : 17 . . (Name of Officer, Committee or Commission decision being appealed) 2. The date the decision being appealed was rendered: O V 613E& ID -7 An in 3. The application or project was entitled: rAx I PSE(?,MT A f Phil CATO it l 4. 1 discussed the matter with the following City staff member- UT. ember-U T . soro m-DtJ S.L. o_ a_p. on &.,T0D EZ- 1-3 2,00 (Staff Member's Name and Department) (Date) 5. Has this matter been the subject of a previous appeal? If so, when was it heard and by whom: �t n. - - SECTION 3. REASON FOR APPEAL Explain specifically what action/s you are appealing and why you believe the Council should consider your appeal. Include what evidence you have that supports your appeal. You may attach additional pages, if necessary. This form continues on the other side. Page 1 of 3 Reason for Appeal continued 1 AM APPEAUwLt - A TAY-1 REzfnrr 9eN iL.4- Al.?NOUL- )4 1 MY D.Id1V . PR1A1T611 a owS Na QVL' Cotatd1r.TInN1 1�`rt' L:,rD) h\1 eAx I OI:rzmtT APP(.IcArlogy hIAS Oi7-MIr_O. 135:(.aUs5 a A yEM.. 60) PUT. -1 AM p!K--kf)l Mt5 ForZ, T N E- COUXULS CjDNV6ElZ AT%0N 6F T91% I04T-re6L Amb TO G%awt ff 4 I l.X1 l 2M T. "L l►.l our➢ U K� `��1� 6Pt�a�,- iti"y TD WtT4A IN PtRSQ0 SECTION 4. APPELLANTS RESPONSIBILITY The San Luis Obispo City Council values public participation in local government and encourages all forms of citizen involvement. However, due to real costs associated with City Council consideration of an appeal, including public notification, all appeals pertaining to a planning application or project are subject to a filing fee of$100 ,which must accompany the appeal form. Your right to exercise an appeal comes with certain responsibilities. If you file an appeal, please understand that it must be heard within 45 days from filing this form. You will be notified in writing of the exact date your appeal will be heard before the Council. You or your representative will be expected to attend the public hearing, and to be prepared to make your case. Your testimony is limited to 10 minutes. A continuance may be granted under certain and unusual circumstances. If you feel you need to request a continuance, you must submit your request in writing to the City Clerk. Please be advised that if your request for continuance is received after the appeal is noticed to the public, the Council may not be able to grant the request for continuance. Submitting a request for continuance does not guarantee that it will be granted,that action is at the discretion of the City Council. I hereby agree to appear and/or send a representative to appear on my behalf when said appeal is scheduled ora pTIr hearing before the City Council. W -t7 Y l " , I, OC (Signature pellant) (Date) Exceptions to the fee: 1)Appeals of Tree Committee decisions. 2)The above-named appellant has already paid the City$100 to appeal this same matter to a City official or Council advisory body. This item is hereby calendared for c: City Attorney City Administrative Officer Department Head — Adviser�Body n City Clerk(original) ,5'6T- S7-0?-70—,/ Page 2 of 3 8/03 CALIFORNIA DEPARTMENT OF MOTOR VEHICLES ***CUSTOMER RECEIPT COPY*** DRIVER LICENSE/IDENTIFICATION CARD INFORMATION REQUEST 10/03/06 DAK99933547K4C4717047 DATE: 10-03-06*TIME: 09:58* DL/NO:C4717047* B/D: 09-29-1966*NAME:WRIGHT,PATRICK JON* RES ADD AS OF 08-11-05 :281 TANK FARM RD, SN LUIS OBISP 93401* OTH ADD AS OF 09-26-02 :421 DANA ST 11 , SN LUIS OBISP* IDENTIFYING INFORMATION: SEX:MALE*HAIR:BROWN*EYES:BRN*HT:5-11*WT: 300* LIC/ISS:09-26-02* EXP: 09-29-07*CLASS:C NON-COMMERCIAL & M1 MOTORCYCLE* ENDORSEMENTS:NONE* HEALTH QUESTIONNAIRE EXPIRES:NONE* RESTRICTIONS: MUST WEAR CORRECTIVE LENSES WHEN DRIVING* LICENSE STATUS: VALID* DEPARTMENTAL ACTIONS: NONE* CONVICTIONS: NONE* FAILURES TO APPEAR: NONE* ACCIDENTS: DATE/TIME LOCATION VEH-LIC REPORT NO FR CASE NO 05-28-04 99 SANTA MARIA DMV 04-04-31351 UPDATED:07-09-04* * * * END 547 100306 15 5008 DIR $ 5 .00 San Luis Obispo Municipal Code 5.20.230 Revocation of driver's permit. The chief of police may revoke or refuse to renew an operator's license if the driver or applicant has since the granting of his or her permit: A. Been convicted of a felony or a crime involving moral turpitude; pandering, using, possessing, selling or transporting narcotics; or imparting information for obtaining narcotics; B. Been convicted of driving recklessly or while under the influence of liquors or narcotics; C. Had his or her state driver's or chauffeur's license revoked or suspended; D. Had two or more convictions of misdemeanor hit and run, or speed violations as set forth in the Vehicle Code of the state occurring during any consecutive period not exceeding twelve months; E. Failed to submit proof of a negative test for controlled substances and alcohol as required in Section 5.20.210; F. Been convicted of violating any of the provisions of this chapter. (Ord. 1298 § 1, 1996; prior code § 6240.22) 5.20.240 Driver's permit application denial or driver's permit revocation—Appeal. Any person whose application for a driver's permit has been denied or any driver whose permit has been revoked pursuant to Section 5.20.230 by the chief of police may, within ten days of such revocation, file an appeal from such denial or revocation with the council, and a hearing shall be held before the council on such revocation. If, in the opinion of the council, the denial or revocation is not justified from the evidence submitted to it at such hearing, the permit shall be issued or reinstated. If, upon the hearing, it shall appear that good cause exists therefor, the council shall affirm the action of the chief of police and order the denial or permanent revocation of the permit. The action of the council on such a revocation shall be final and conclusive. Pending such hearing, it is unlawful for such person or driver to operate a taxicab within the city. (Ord. 1298 § 1, 1996; prior code § 6240.23) Printed from Folio Views Pagel �di�)0 f sail Us oslsp0 Police Department Memorandum 1042 Walnut SLO, CA 93401 (805) 781-7317 Service,Pude.Iategriry" TO: Chief Deborah Linden FROM: Sgt Keith A. Storton DATE: October 9, 2006 SUBJECT: Taxi Drivers Permit— I have reviewed the material submitted by this applicant for a City taxi drivers permit, and have found all the material to be in compliance with City requirements: The applicant's criminal history records have been checked with the following results: Fingerprint check negative. Drug screen results are negative. Permit issued. No disqualifying information was located. Refer to the attached information for details.. X Information of a disqualifying nature was located. The applicant has a prior conviction for CVC 23152(B)— DUI on 05-19-93. The applicant was sentenced to 3 years probation. The SLO Municipal Code identifies several reasons to deny an applicants permit request. SLO Municipal Code section 5.20.210 states: E No permit shall be issued to any of the following persons: 1.Any person who has been convicted of driving a vehicle recklessly or while under the influence of intoxicating liquors or narcotics. Based on the above results of this applicant investigation, I recommend: Approval isapprov Sergeant Keith A. Storton IOI�o`OSo