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Home My WebLink About03/17/2015 09 Taxi Driver's License Renewal - Appeal of Denial44,100, BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9. For Meeting of: March 17, 2015 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 ITEM TITLE: Public hearing to consider appeal filed by Scott Holtzclaw on the denial of the renewal of taxi driver's license SUBMITTED BY: Bronson Faul, Assistant City Attorney Officer Chance Belton SUMMARY EXPLANATION: This public hearing is an appeal of the denial of an application for City driver's license based on Yakima Municipal Code Chapter 5.78.190. The appeal to City Council is provided for in Yakima Municipal Code Chapter 5.78. Resolution: Ordinance: Other (Specify): Public Hearing -Taxi Business License Appeal Contract: Contract Term: Start Date: End Date: Item Budgeted: NA Amount: Funding Source/Fiscal Impact: N/A Strategic Priority: NA Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: Staff recommends the appeal be denied. ATTACHMENTS: Description 0 appeal Upload Date 3/18/2015 City Manager Type Cover IMleirn•n�r Scott Holtzclaw ..TO: City Council. To whom it may concern. 2/12/2,015 My life has changed in the last seven years! have iad no outstanding Tickets. I'm drug free. I would be available to take any test nessary to prove my sincertyl All the test was taking I I even qualify now for My CDL have not had any outstanding warrants for years. I no longer drink and I do not patrainize Taverns! I Attend Church Meetings now as often as I can . I'm also disabled an can't do hard labor jobs! That is the reason that I prefer to be a Taxi Driver! 12 „z,Jzt z 1 car/111mi n wt. opm EAT I)LlfI(Tiii1"ii Code A dm/Ids/ration Division 129 North Second Street, 2" Floor Yo4nno, Ifoshington 9890 (5119) 575-6126 Fax (509) 576-6576 codesqyakiniolva.gov t" w.buildingyakintmcom J3T. goo 4 / '7 77i TAXI DRIVER'S LICENSE APPLICATION YMC 5.78 Fee: Temp Driver License/App Fee (non-refundable) $1 0,00 Driver's License Background Check(WATCH) Fingerprinting may be required: VVSP Applicant Info: First Name:. Address: City_ L- b3S7 $11.00 $10.00 $ 5.00 $26,00(Money order made out to WSP Middle Initial: Last Name: L.,,,r,z_coda3.1.,,..,,,,... ___ How long at this address: ,ily_,-AL__ __ State: f...,,,,..,Zip: Phone _ La_ ,..ty.„5:14 Alternate Phone:. 2.Z5,1 _I E-mail: Date of Birth: Drivers License # State:_444,.;1.4._ _Exp: Soc. Sec. it: Place of Birth:_________ Height:_C d )› Weight: L fr.) Marita Status s);i/c--_Hair ColorEye Color_ai,.., Taxi Driver History: Prospective Emptoyer: List previous places of re dkicy for the Iast five ye Last Place of employment:_01:4, 1_CLILIS Have you previously been issued a taxi driver's license? If so, where? Have you ever had a driver's license in another state? If so, please give licens and state: Has your driving privilege ever been suspended or revoked in this or any other stale? If so, please explain: Have you ever been convicted of a crime, other than minor traffic violation? if so, list each conviction, approximate dale of conviction, name and location of court, the crime charged and final disposition: ,i>4 t: 5 11_ Business Info: Company Name: Address:. City: State: Zip: Alternate Phone: ' Fax Phone: E-mail: Vehicle Insurance Co.: Vehicle License #0. Policy Exp. Date: Applicant's certification and authorization: The Issuance of this license does not entitle you to conduct business in violation of any other federal, state or local laws applicable to the business operation. Deliberate omissions or falsifications on any part of this form will result in cancellation of the license and may subject the applicant to criminal charges. Prior to placing any vehicle into service vehicles must be certified as having been inspected by the Yakima Police Department, Traffic Division. In addition, proof of inspection by the Yakima Police Department, Traffic Division, within one year of renewal of for -hire permit will be required. I certify that under the penalty of perjury that to the best of my knowledge all information is true and correct. By signature below, the undersigned applicant authorizes use and disclosure of applicant's protected health information as set forth in the physician's responses to the attached "FleaIth Certification," to the City of Yakima, the designated recipient of the information. Applicant's signature State of Washington County of Yakima } } - I- -2 02,1(9 11 Date I, tb undersigned, a n try public in and for the State of Washington, hereby certify that on this 11 day of 04004 . 20.15- personally appeared before me ITaL.,1 , known to be the individual described n and who executed the foregoing instrument, and acknowledged that he/she signed and sealed the same as his/her free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and othc1 seal The day,a d year last above written. Notary Public in and for the State hington Printed Name February 9, 2015 Scott Holtzclaw 2015 Hartford Rd Yakima, WA 98901 Dear Mr Holtzclaw: • The City of Yakima Code Administration Department has denied your application for the City of Yakima driver's license based on Yakima Municipal Code 5.78 section 5.78.190 City driver's license--- Application—Qualifications: 4.(c) Not have committed, forfeited bail or paid a penalty within the past five years on three or more moving motor vehicle traffic violations, except that the city council may deem this requirement to be satisfied, if, after reviewing the motor vehicle traffic record of an applicant, the chief of police recommends to the city council that the five year -three violation criterion of this subsection should be waived, on the grounds that one or more of the violations appearing on the applicant's driving record should be disregarded either because of the age or because of the relatively minor character of such violation(s). 5. Demonstrate to the satisfaction of the chief of police the applicant's ability to operate and control a for -hire vehicle and his familiarity with traffic regulations. (Ord. 97-7 § 1, 1997; Ord. 3239 § 1, 1990: Ord. 3167 § 1, 1989: Ord. 2082 § 1, 1977: Ord. 1030 § 12, 1968: Ord. 147 § 19, 1960).9 Yakima Police Department has specifically denied the application based on the information from the Driver's Abstract regarding the 2 items on the Driver Record History. You have the right to appeal the denial per the YMC 5.78: "Any applicant who feels aggrieved by the denial of a license for which application is made pursuant to this chapter, and any license holder who feels aggrieved by the city manager's revocation of a license pursuant to Section 5.78.240, may appeal that denial or revocation to the city council by serving on the Yakima city clerk a notice of such appeal within five days from the date of the denial or revocation from which the appeal is taken, which notice shall be in writing and shall specify all the grounds relied on by the appellant as re ons for the issuance or relssuance, as the case may be, of the license which was denied or revoked. After the timely filing of such a notice, the city clerk shall set a time and place for a hearing thereon by a city council, after which hearing the city council shall make a final determination on the matter of the denial, revocation, issuance or reissuance of the licensej(Ord. 95-63 § 1, 1995: Ord. 2082 § 2, 1977) If you have any questions, please contact me at the Code Administration department Thank you. Cordially, Ellena Hazen Certified Permit Technician Hazen, Ellena From: Sent: To: Subject: Hazen, Rema Friday, February 06, 2015 9:44 AM Belton, Chance E. RE: taxi driver application Thank you, SO Belton, I will let him know. From: Belton, Chance E. Sent: Friday, 06 2015 7:04 AM To: Hazen, ElIena Subject: RE: taxi driver application Although the record showing his indiscretions from the 1980's doesn't concern me a great deal due to the passage of time since those offences, the recent testing positive for drugs or alcohol as a commercial vehicle operator cause.i:, me great concern, I would hesitate to issue a taxi license based on the fact of the two positive tests within the last3 years. His commercial vehicle liy2n,se is d d fo| more years and 1 think lhere will be a liability issue encountered ifvve know there is a problem and issue him a icense to transport people in a taxi, Chance Belton Sergeant Yakima Police Department Traffic Enforcernent/!nvcstigations Un it (509) 576-6789 From: Hazen, Ellen Sent: Monday, February 02, 2015 3:23 PM To: Belton, Chance E. Subject: taxi driver application I've attached an application with WATCH report and drivers abstract for Scott Holtzclaw. Would you please review for me? Thank you EllemaHazen, CPT City of Yakima Code Administration 509-576'6650 509-576-6576 fax 1