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HomeMy WebLinkAbout07/05/2011, PH 1 - APPEAL BY PAUL G. MCGILL OF DENIAL OF TAXI DRIVER PERMIT RENEWAL council Mttf°° LA AgcnbA nEpont ---Jul-Y-5.-20.1-1i.mnu�� CITY OF SAN LUIS OBISPO FROM: Deborah E. Linden, Chief of Police U Prepared By: Kurt Hixenbaugh, Police Sergeant SUBJECT: APPEAL BY PAUL G. McGILL OF DENIAL OF TAXI DRIVER PERMIT RENEWAL RECOMMENDATION Deny the appeal and uphold the action of the Chief of Police to deny Paul G. McGill the renewal of his taxi driver permit. DISCUSSION Background Pursuant to San Luis Obispo Municipal Code 5.20.2 10 anyone who wants to drive or operate a taxi cab within the City must first obtain a taxi driver permit from the Police Department and must submit an application to renew the permit each year. 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 included with this report (attachment 1). Once submitted to the Police Department, staff reviews and verifies the information and the application is either approved or denied by the Chief of Police. On January 28, 2011, the appellant, Mr. Paul G. McGill, submitted to the Police Department an application to renew his taxi driver permit. A copy of the application is included with this report (attachment 2). Part 2 (page 2) of the application requires the applicant to indicate a "yes" or "no" response to the following question: "Have you ever been in a traffic accident?" Mr. McGill checked the "no" box, indicating he had not been in any traffic accidents. Part 6 (page 4) of the application is a certification wherein the applicant indicates by his signature the following: "I hereby certify under the penalty of perjury that the information given 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 agents 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." Mr. McGill signed the certification and added the comment "Best to knowledge I have" next to his signature. PH1-1 i Appeal by Paul McGill of TaxiDriver Permit Denial Page 2 Staff conducted the required criminal history and records checks necessary to process the renewal application and learned that on November 20, 2010, Mr. McGill was arrested by the San Luis Obispo Police Department for a violation of California Vehicle Code section 20002 - Hit and Run Traffic Collision. Mr. McGill was driving a marked Surf Cab Company taxi cab when he was involved in the collision. The investigation revealed that a San Luis Obispo Police Officer witnessed Mr. McGill strike a parked car with his cab while he was backing into a parking space in the 700 block of Higuera, causing damage to both Mr. McGill's cab and the parked car. Mr. McGill drove away at a high rate of speed without getting out of his taxi to check for damage. The officer heard several bystanders yelling at Mr. McGill regarding the collision; however, Mr..McGill still left the scene of the collision. When the officer stopped Mr. McGill on Mill Street, he told the officer that he looked out his front window and did not see any damage so he drove away. The officer subsequently arrested Mr. McGill for misdemeanor hit and run. On March 2, 2011, Mr. McGill pleaded no contest to a charge of Providing False Information to a Peace Officer (California Vehicle Code section 31) and as part of the plea agreement, the hit and run charge was dismissed. On April 5, 2011, Sergeant Hixenbaugh spoke with Mr. McGill by telephone regarding the conviction and Mr. McGill's failure to disclose the collision in his permit application. Mr. McGill said that he was aware of the collision when it occurred, but left the scene because he didn't see any damage to the other vehicle. Mr. McGill said he felt he did not need to disclose the collision in the application because the case had not yet been adjudicated. Based on the information discovered during the investigation of Mr. McGill's permit renewal application, the Chief of Police denied Mr. McGill's permit renewal request. Mr. McGill was notified of the denial in writing by the Chief of Police on May 5, 2011 (attachment 3). Mr. McGill subsequently filed an appeal of the Police Chief's decision (attachment 4). Grounds for Permit Denial The Municipal Code contains specific criteria to be used as the basis for approving or denying a taxi driver permit or renewal. The following are the sections that relate to the Police Chief's denial of Mr. McGill's taxi driver permit renewal request: 1. Section 5.20.210 E 8: No permit shall be issued to any person who has made a material misstatement or omission in the permit application. On November 10, 2010, Mr. McGill was involved in a traffic collision while he was on-duty and driving a marked taxi cab. Mr. McGill admitted knowing he was involved in the collision and he was arrested for leaving the scene of the collision. Mr. McGill failed to disclose his involvement in this traffic collision in his permit renewal application, despite instructions in the application requiring him to do so, which constitutes a material omission. 2. Section 5.20.230 B: No permit shall be issued to anyone who has been convicted of a misdemeanor crime involving any of the following: sexual offense; weapons offense; robbery, manslaughter, moral turpitude, pandering, using, possessing, selling or transporting narcotics; or imparting information for obtaining narcotics. Mr. McGill was convicted of California Vehicle Code section 31, Providing False Information to a Peace Officer, as a result of the hit and run collision that occurred on November 20, PH1-2 I � Appeal by Paul McGill of Taxi Driver Permit Denial Page 3 2010. Generally, legal definitions of"moral turpitude" include acts that violate accepted community standards or involve dishonestly, such as perjury. As such, staff believes that providing false information to a peace officer in a criminal investigation constitutes such a violation. In addition, Mr. McGill certified under penalty of perjury in his application that the information he presented was true and correct, and that withholding information is grounds for denial of the permit. The Appeal Process Municipal Code section 5.20.240 describes the process for an applicant to appeal the Police Chief's decision to the City Council. This section requires a hearing before the Council to consider the evidence submitted and determine whether or not the denial of the permit by the Police Chief was justified. If the Council determines that good cause exists for the denial, then the Council "shall affirm the action of the Chief of Police and order the denial" of the permit. If the Council determines that the denial was not justified based on the evidence submitted, then the permit shall be issued to the applicant. Either way, the Council's action is "final and conclusive." Based on the information provided above, staff recommends the Council deny Mr. McGill's appeal and affirm the Police Chief's decision. FISCAL IMPACT There is no fiscal impact associated with this action. ALTERNATIVES The 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 1. Copy of applicable San Luis Obispo Municipal Code sections from Chapter 5.20 2. Copy of Mr. McGill's Taxi Permit Application 3. Copy of Police Chief Deborah Linden's denial letter to Mr. McGill 4. Copy of Mr. McGill's appeal T:\Council Agenda Reports\Police CAR\2011\Taxi Permit appeal 7-5-11.DOC PHI-3 San Luis Obispo Municipal Code Attachment 1 Taxi Driver Permit Sections 5.20.210 Driver's permit required—Application. A. No person shall drive or operate any of the vehicles mentioned in Section,5.20.0 10 without first obtaining a permit in writing to do so from the chief of police, or any person designated by the chief. The permit issued will entitle the driver to work for only those employers whose names appear 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) of this section. B. Any application for a driver's pernit 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 with the chief of police. The application shall contain the following information together with two photographs 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 or her 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 or her intention to become such; 3. Any person who has been convicted of a felony; 4. Any person who has been convicted of a misdemeanor crime involving any of the following: sexual offense; weapons offense;robbery; manslaughter;moral turpitude; pandering; using, possessing, selling or transporting narcotics; or imparting information for obtaining narcotics; 5. Any person who, within the past seven years from the date of the application, or during the processing of said application,has been convicted of driving a vehicle recklessly or while under the influence of intoxicating liquors or narcotics; 6. Any person not possessing a valid chauffeur's license issued by the state; 1 PH1-4 ATTACHMENT 1 7. Any person convicted of violating any provisions of this chapter or any similar ordinance of another public agency; 8. Any person who has made a material misstatement or omission in the permit application; 9. Any person who has had one or more convictions of misdemeanor hit and run within the past three years, or two or more convictions of misdemeanor hit and run within the past seven years; 10. Any person who has had two or more moving violations as set forth in the Vehicle Code of the state occurring during any twelve-month period within the past three years, or three or more total violations during the past three years; 11. Any person who has displayed a pattern of criminal conduct or driving violations that would indicate they would pose a danger to the safety of passengers or other motorists if granted a driver's permit. F. Any person whose application has been denied may appeal that denial in accordance with the provisions set forth in Section 5.20.240. (Ord. 1524 § 8, 2009) 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 or her permit: A. Been convicted of a felony; B. Been convicted of a misdemeanor crime involving any of the following: sexual offense; weapons offense; robbery; manslaughter; moral turpitude; pandering; using, possessing, selling or transporting narcotics; or imparting information for obtaining narcotics; C. Been convicted of driving recklessly or while under the influence of liquors or narcotics; D. Had his or her state driver's or chauffeur's license revoked or suspended; 2 PH1-5 - ATTACHMENT 1 E. Had one or more convictions of misdemeanor hit and run within the past three years, or two or more convictions of misdemeanor hit and run, within the past seven years; F. Had two or more moving violations as set forth in the Vehicle Code of the state occurring during any twelve-month period within the past three years, or three or more total violations during the past three years; G. Displayed a pattern of criminal conduct or'driving violations that would indicate they pose a danger to the safety of passengers or other motorists; H. Failed to submit proof of a negative test for controlled substances and alcohol as required in Section 5.20.210; I. Been convicted of violating any of the provisions of this chapter. (Ord. 1524 § 9, 2009) 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) 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 or her 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) 3 PH1-6 Pr'�t-c.�4N1�-r a SAN LUIS OBISPO POLICE DEPARTMENT T APPLICATION ❑ New Applicatio Renewal. PART 1: IDENTIFYING NFORMATION APPLICANT Last G ne Fir Mid le Alias or Maiden Names Home Address ,, _ City 6 state Phone Number_- jDa Age Place of Birth1414rn/�RA GA LiP neiy f ii Wei h ais Eyes le ❑Female �y,v Social Securitv.Nu ber U.S. Citizen Resident Alien Number IIS s ❑ No Race kite Lj Black Lj Asian Scars, Tattoos, Marks, Amputation ❑His anic ❑ Other ea /2r7, LC25 Length of time at present address Scars, Tattoos Continued loq s— List the addre s of two previous residences Previous address continued Si-lbr,r 2- Alias or Maid es PART 2: DRIVERS_ LICENSE INFORMATION / DRIVING INFORMATION State Expiration Date I Type/Class C.,#4 o7-1 S- /t LA Al 6-4 i Driv License Status Has your Drivers Licens Ker been Suspended or alid ❑Sus ended/Revoked Revoked?_❑ Yes o Beginning Date of Suspension Ending date of Suspension Reason for Suspension /ro7o v/ b;rewS SCn 14cyv04 qqsu -V5 Amrsvigt - Beginning Date of Suspension Ending date of Suspension Reason for Suspension - oe F Beginning Date of Suspension Ending date of Suspension Reason for Suspension Have you ever been refuse1l automobile Reason for refusal of insurance? Insurance? ❑Yes RNo Do you current" ve Automobile Name of Company and Policy Number Insurance? ffrYes ❑ No /Y�i SON w dG 1A;fV"dr'1'16, 6&- PHI-7 ATTACHMENT 2 SAN LUIS OBISPO POLICE DEPARTMENT TAXI PERMIT APPLICATION PART 2: CONTINUED Have you ever been in a traffic accident? ❑ Yes El No Date Location Explanation (who caused the collision) Date Location Explanation (who caused the collision) Date Location Explanation (who caused the collision) Part 3: TAXI COMPANY APPLIED FOR The Applicant has applied for a position with SiSlature of Employer(Sign &Date) (Name of Taxi Company) Date of to ent Address (A/ f3 aZ`t S�ti%a �e�e1i Los - g3tib?,- Phone Number C�u ntlyEmployed by Compa y Oki [Y'YES [-] NO Ever been enp�l yed by another Taxi Company Name,address and Phone Number Company? LVYes ❑ No A --/ 7 j¢ / �ao•D +fir ( 0ee'�Hvn, , Ever been emp�yed by another Taxi `CoTppa�nyy��Name. address �/�.v -nd Phone Number Company? (ayes ❑1v� C�G'O;VYA/4 L O'4-V Fs ob-; a.;� Ever been eTp ;dyed Py other Taxi Company Name,address and P one Numb r Company7 Eff Yes F1081-- V41;0) ryP '�1ro�L, -6 PART 4: References Name Address Street or PO BOX, City�� Phone Number A�►�1L �— - - --- ---- _ _ - �` Name Addre s (Street or PO BOX, City) , __„__•:__�, Phone Number ti PH1-8 - , ATTACHMENT 2 SAN LUIS OBISPO POLICE DEPARTMENT TAXI PERMIT APPLICATION PART 5: CRIMINAL RECORD List all convictions, pleas of"Guilty"or"Nolo Contendre"to any offense 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 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 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 3 PH1-9 • j ATTACHMENT 2 SAN LUIS OBISPO POLICE DEPARTMENT TAXI PERMIT APPLICATION PART 6: CERTIFICATION I hereby certify under the penalty of perjury that the information given 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. I do hereby authorize the City of San Luis Obispo, its agent and employees to seek verification of the information contained on this application. 1 further understand that I may not conduct the activity applied for until a permit has been granted. )00 V J',-'- e and dated, POLICE DEPARTMENT USE ONLY:/ od Two Passport Size Photos ❑ Cany of Request oJ Live Scan formMa .copy of CDL Permit Fee ' Urine Screen, New applicant & $2 Receipt from Finance Renewal (Original Mailed to Police Department) --- SAN LUIS OBISPO POLICE DEPARTMENT CITY OF SAN LUIS 03I9PO 1042 WALNUT REC':'D-cY: FINANCE CA5�IER G1GGG3]7G85 SLO, CA. 93401 PAYOR: PAUL HCGILL ----------=---- TDDAYts DATE: O1i21/11 ----- REGISTER DATE: 01/21/11 TINE: 15:09 DESCRIPTION A!GU?!i CUST ID:PAUL HCGILL DATE ,01!19/2011 NED TAXI CAA PERMIT ------_w -2-GG PERNITS $84.00 TOTAL DUE: 52.00 TOTAL $84.00 CASH PAID: TOTAL CASH $84.00 TENDERED. $2.010 --------- CHANGE: $.00 (805) 781-7311---- NNU.SLOCITY.ORG CLERK 1h0425 N0.00595 TIME 01 PH1-10 —Nock -MeQ-r 3 ��i�noh�I�lll1811111111111��� pig►���Ii� llll IIIIII city o san Us� � oBispo POLICE DEPARTMENT 1042 Walnut St.,San Luis Obispo,CA 93401 •(805)781-7317 May 5, 2011 Paul McGill Re: Denial of Taxi Permit Renewal Dear Mr. McGill: On January 28, 2011, you applied to the San Luis Obispo Police Department for a renewal of your taxi driver permit, which authorizes you to operate a taxi in the City of San Luis Obispo. I have reviewed your application and have denied your request for renewal of your permit for the following reasons: You completed a renewal application and signed the Certification section of the application(part 6 on page 4), which states: "I hereby certify under the penalty of perjury that the information given 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. I 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." On November 10,2010, you were arrested for violation of California Vehicle Code section 200021 Hit and Run, after you were involved in a traffic collision in your taxi and then fled the scene. You failed to disclose this traffic accident in your application for permit renewal as required in part 2 of the-application(page 2). Withholding this information violates the certification above and is grounds for both denial of your renewal application and may subject you to criminal prosecution. In addition,you were convicted of California Vehicle Code section 31, Providing False Information to a Peace Officer, as a result of the hit and run investigation. This criminal conviction constitutes a violation of City of San Luis Obispo Municipal Code section 5.20.230B, which authorizes the Chief of Police to refuse to renew a taxi permit when the driver has been convicted of a crime of moral turpitude. Providing false information to a peace officer constitutes such a violation. You are hereby notified that effective immediately, you are no longer authorized to operate a taxi in the City of San Luis Obispo. Your employer will be notified of this action. Should you continue to operate a taxi without a valid permit, you will be subject to criminal prosecution. "Service , Pride , Integrity" The City of San Luis Obispo is committed to include the disabled in all of its services,programs and activities: PH1-11 Telecommunications Device for the Deaf(805)781-7410 ATTACHMENT 3 Mr. Paul McGill May 5,.2011 Page 2 of 2 Pursuant to City of San Luis Obispo Municipal Code section 5.20.240, you may appeal this decision to the City Council by filing an appeal with the City Clerk of the City of San Luis Obispo within 10 days of the date on this letter. A copy of the applicable Municipal Code sections is attached to this letter. Deborah Linden Chief of Police City of San Luis Obispo c: City Attorney Sergeant Kurt Hixenbaugh PHI-12 tATTACHMENT 3 City of 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; B. Been convicted of a misdemeanor crime involving any of the following: sexual offense;weapons offense; robbery; manslaughter; moral turpitude;pandering; using, possessing, selling or transporting narcotics;or imparting information for obtaining narcotics; C. Been convicted of driving recklessly or while under the influence of liquors or narcotics; D. Had his or her state driver's or chauffeur's license revoked or suspended; E. Had one or more convictions of misdemeanor hit and run within the past three years, or two or more convictions of misdemeanor hit and run,within the past seven years; F. Had two or more moving violations as set forth in the Vehicle Code of the state occurring during any twelve-month period within the past three years, or three or more total violations during the past three years; G. Displayed a pattern of criminal conduct or driving violations that would indicate they pose a danger to the safety of passengers or other motorists; H. Failed to submit proof of a negative test for controlled substances and alcohol as required in Section 5.20.210: I. Been convicted of violating any of the provisions of this chapter. (Ord. 1524 § 9,2009) 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 pgrmanent 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) PH1-13 r Filing Fee: $250.00 Paid Date Received cIty Of NIA RECEIVED REFER TO SECTION 4 MAY 11 2011 embsanlUIS OBISPO K APPEAL TO THE CITY COUNCIL SECnON 1. APPELLANT INFORMATION - 194v4, 6 Marl' /11G(Y ,-A-E - Name Mailing Address and Zip Code g4 r - Phone Fax Representative's Name Mailing Address and Trp Code �lIG 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: loco rA 4 LfN r (Name of Officer, Committee or Commission decision being appealed) 2. The date the decision being appealed was rendered: 2 �/ 3. The application or project was entitled: '00pw fi¢/ d/C �� !��/n r7— AW iAW 4w.*fL 4. 1 dissed the m//a''tt`�er w Wh llowing City staff member. on (Staff Members Name and Department) (Date) 5. Has this matter been the subject of.a previous appeal? If so,when was it heard and by whom: x/40• SECTION 3. REASON FOR APPEAL Explain specifically what acdon/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 PHl-14 J ATTACHMENT 4 Reason for Appeal continued S�.v i1 Q�.•std /f�+.� qtr-// ��P <�,V.d SECTION A 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 filina:fee WNW,W,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. 1 her by agree to appear and/or send a representat i've to appear on my behalf when said appeal&schaduled fora public hearing before the City Council. /Zoe( --O-tSi of i• • - - - (Date) Exceptions to the fee: 1)Appeals of Tree Committee decisions are$100. 2)The above-named appellant has already paid the City$250 to appeal this same matter to a City official or Council advisory body. This item is hereby calendared for JUQq <510 oZOf J cc: City Attorney City Manager BeperlmerttFleed A6sy'Qyv/RC.t n City Clerk(original) Page 2 of 3 �y 1 X�BAtit.�tt PH1-15 ATTACHMENT 4 10 � city of sAn luis omspo 990 Palm Street, San Luis Obispo, CA 93401-3249 May 11, 2011 Paul Gilbert McGill RE: APPEAL OF DENIAL OF TAXI PERMIT. Dear Mr. McGill: In reference to your appeal being heard by the City Council,City code requires an appeal to be set for the next reasonably available council meeting,but in no event later am forty-five calendar days after,the date of the filing of such notice of appeal with the City Clerk. Although you have agreed in persor to permit us to schedule your appeal after the 45 day deadline(i.e. June 25,2011),we require a signed acknowledgement. Therefore,please sign and return this letter to the City Clerk's Office no later than May 25,2011. If you have any questions,please give me a call at 781-7102. C _ Mr. ] Gilbert McGill Sincerely, Elaina Cano City Clerk - �E The City of San Luis Obispo is committed to include the disabled In all of its services,programs and activities. ` Telecommunications Device for the Deaf(805)781-7410. PHI 1-16 i ATTACHMENT 4 CITY SAN990 PALM'STR1:e OBI , LUIS OBIS. CA 98 BATCHI 696 S-A-L-E-S D-R-Af-T 32213359'116668 BEES 6563 CD TYPES MASTERCARD TO TYPES PURCMASE DATES MY 11, 11 12:29519 F TOTAL $250.08 36 ACCTS "*"*'tq' 9799 ERPS #J# APs 973672 MARE% PAUL MCOILL S COST. B TAA $9.88 C ANMDIOAR SERVICES I°M6THE MEPT OF TINS TOTAL SMOMM HUM ARD AGREES TO PERFORM .30 CWHEENNERR S AIGRREEEEMENT FORTHBY THE --- TM YOU CUSTOMER C6Y .H(d14ut: i.Lku b PH1-17 Filing Fee: $250.00" Date Received Cl O N/A RECEIVED I`'. i *REFER TO SECTION 4 MAY 11 2011 san tuts OBISPO K APPEAL TO THE CITY COUNCIL SECTION 1. APPELLANT INFORMATION q9.5- A%44sc�&A • .09 / I-9 V L ver //__ --/ !(X%l/ /41 CC7 i B/�/ L � cp3 yy Zr Name Mailing Address and Zip Code gos - LHO - F15S Phone Fax Representative's Name Mailing Address and Zip Code SelG Title Phone Fax SECTION Z 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: loa�OrA .4 60e (Name of Officer, Committee or Commission decision being appealed) 2. The date the decision being appealed was rendered: 3. The application or project was entitled: 4. 1 di ssed the matter'"'�h tth�ollowing City staff member. ✓D ✓ �iflP�Vd CIL on (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: V D 1 SECTION 3. REASON FOR APPEAL Explain specifically what actions you are appealing and wt 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 n Reason for Appeal continllued I—AIWArvi 26 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$256%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 h by agree to appear and/or send a representative to appear on my behalf when said appeal scheduled for a public hearing before,the City Council. (Si r of p (Date) Exceptions to the fee: 1)Appeals of Tree Committee decisions are$100. 2)The above-named appellant has already paid the City$250 to appeal this same matter to a City official or Council advisory body. This item is hereby calendared for �(.C�yf 5 , CP-0I 1 cc: City Attorney City Manager BepBkmEntiieed *f'i C41V A92- Advislaw Body-Liaison City Clerk(original) tr' 14,r OG a or- Page 2 of 3 8109lu�"�g�uGer �IIIII III II IIIII�II II �IIIII II III I ` . : IIII 11AII Cl Of SAn WIS OBISPO 990 Palm Street, San Luis Obispo, CA 93401-3249 May 11, 2011 Paul Gilbert McGill 495 Atascadero Rd. #19 Morro Bay, CA 93442 RE: APPEAL OF DENIAL OF TAXI PERMIT. Dear Mr. McGill: In reference to your appeal being heard by the City Council, City code requires an appeal to be set for the next reasonably available council meeting,but in no event later than forty-five calendar days after the date of the filing of such notice of appeal with the City Clerk. Although you have agreed in person to permit us to schedule your appeal after the 45 day deadline(i.e. June 25, 2011),we require a signed acknowledgement. Therefore, please sign and return this letter to the City Clerk's Office no later than May 25,2011. If you have any questions, please give me a call at 781-7102. Mr. Gilbert McGill Sincerely, Elaina Cano City Clerk The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf(805)781-7410. CITY OF SAN LUIS OBI ' SAN LUIS OBIS CAT 93 BATCH: 646 S-A-L-E-S D-R-A-F-T 79595148 322135956668 REF: 6563 CD TYPE: MASTERCARD TR TYPE: PURCHASE DATE: MY 11,'11 12:29:19 TOTAL $250.00 36 ACCT: bkbld#UW799 EKP: W# AN 875672 NAME: PAUL MCGILL TAX $9.08 CAROMEMBER ACKNOWLEDGES RECEIPT OF GOODS TOTAL HEREONIAND THE AMOUNT OF LL! CARTDlElBOERISAR6dRNEElEN FORTY NTHE THE --- THANK YOU �0 CUSTOMER CbY �(�'_w' t� .S`/� r��'�E&` FE.�4-s•s,�,,, �;3 t�.,'.T v�e�v4(l,.(� �``"'s" .��'�'�![�✓� b.'�ed Page I of 1 i Chippendale, Sue From: Chippendale, Sue Sent: Wednesday, May 11, 2011 2:25 PM To: Linden, Deborah Cc: Walter, Jay; Webster, John Subject: Appeal of Denial of Taxi Permit Importance: High Attachments: McGill Signed Appeal Form.pdf Hello, Deb: Paul McGill came into the Clerk's Office this afternoon and signed papers(see attached)to appeal your denial of his taxi permit, and paid his$250.00 filing fee. Upon looking at the Council calendar, it looks like all of June is impacted, and Mr. McGill signed a letter saying that it would be OK to hold the public hearing outside of the 45 day time limit. July 5th appears to be the first possible date for the hearing and I need to know if that would work for you. Mr. Gilbert indicated that July 5th would be fine with him. Jay and John, would this date work for you as well? Thank you, Sue Chippendale City Clerk's Office City of San Luis Obispo (805) 781-7103 Information from ESET NOD32 Antivirus, version of virus signature database 6114 (20110511) The message was checked by ESET NOD32 Antivirus. hn://www.eset.com 5/11/2011 Pagel of 2 Chippendale, Sue From: Chippendale, Sue Sent: Wednesday, May 11, 2011 2:48 PM To: Linden, Deborah Subject: RE:Appeal of Denial of Taxi Permit Thanks, Deb, I will let Mr. McGill know that July 5 is the date. Sue From: Linden, Deborah Sent: Wednesday, May 11, 20112:45 PM To: Chippendale, Sue Cc: Walter, Jay; Webster, John; Dietrick, Christine Subject: RE: Appeal of Denial of Taxi Permit July 5 is fine with me. I'll put it on the 60-day. Jay and John don't need to be involved in this since this is an appeal of a driver permit and not a company permit. Deb From: Chippendale, Sue Sent: Wednesday, May 11, 20112:25 PM To: Linden, Deborah Cc: Walter, Jay; Webster; John Subject: Appeal of Denial of Taxi Permit Importance: High Hello, Deb: Paul McGill came into the Clerk's Office this afternoon and signed papers (see attached)to appeal your denial of his taxi permit, and paid his$250.00 filing fee. Upon looking at the Council calendar, it looks like all of June is impacted, and Mr. McGill signed a letter saying that it would be OK to hold the public hearing outside of the 45 daytime limit. July 5t'appears to be the first possible date for the hearing and 1 need to know if that would work for you. Mr. Gilbert indicated that July 5th would be fine with him. Jay and John, would this date work for you as well? Thank you, Sue Chippendale City Clerk's Office City of San Luis Obispo (805) 781-7103 Information from ESET NOD32 Antivirus, version of virus signature database 6114 (20110511) The message was checked by ESET NOD32 Antivirus. 5/11/2011 Page 1 of 2 Chippendale, Sue From: Walter, Jay Sent: Wednesday, May 11, 2011 4:00 PM To: Linden, Deborah; Chippendale, Sue Cc: Webster, John; Dietrick, Christine Subject: RE: Appeal of Denial of Taxi Permit Thanks for clarifying. I thought it sounded like that. Jay D. Walter, PE Public Works Director From: Linden, Deborah Sent: Wednesday, May 11, 20112:45 PM To: Chippendale, Sue Cc: Walter, Jay; Webster, John; Dietrick, Christine Subject: RE: Appeal of Denial of Taxi Permit July 5 is fine with me. I'll put it on the 60-day. Jay and John don't need to be involved in this since this is an appeal of a driver permit and not a company permit. Deb From: Chippendale, Sue Sent: Wednesday, May 11, 20112:25 PM To: Linden, Deborah Cc: Walter, Jay; Webster, John Subject: Appeal of Denial of Taxi Permit Importance: High Hello, Deb: Paul McGill came into the Clerk's Office this afternoon and signed papers(see attached)to appeal your denial of his taxi permit, and paid his $250.00 filing fee. Upon looking at the Council calendar, it looks like all of June is impacted, and Mr. McGill signed a letter saying that it would be OK to hold the public hearing outside of the 45 day time limit. July 5th appears to be the first possible date for the hearing and I need to know if that would work for you. Mr. Gilbert indicated that July 5th would be fine with him. Jay and John, would this date work for you as well? Thank you, Sue Chippendale City Clerk's Office City of San Luis Obispo (805)781-7103 5/12/2011 council acenaa item notification iiia�IIIIIIiI�► Il�i�i�Il! !I Notification for the Preliminary Agenda is due to the Office of the City Clerk by NOON ON MONDAY-45 DAYS BEFORE THE COUNCIL MEETING. ..41ME.. 7/5/2011 City Fire Department Fee Schedule for Above Ground Storage Tanks Preliminary Recommendation Request to Amend the City Fire Department Fee Schedule for Above Ground Storage Tanks Department Head Department -7 Charlie Hines, Fire Chief Julie Cox N/A ❑ Public Hearing X Business ❑ Consent ❑ Appointment ❑ Study Session ❑ Presentation ❑ Introduction No tification Strategy Yes No Legal Notification Is Required ❑ X Mailing Labels Attached ❑ Obtain From Land Use Inventory ❑ Use Plan Application ❑ Camera Ready Ad Map Attached ❑ Estimated #of Signs Expanded Outreach ❑ X ❑ Mailing Labels Attached ❑ Department Will Notify (Attach list of"stakeholders"for the record.) ❑ Other (ex. Chumash Tribal Council) Special Requests Please summarize any special needs such as immediate signatures, recordation or other urgent follow-up, and when these will be required.