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Home My WebLink About27-Police Department jl OR.',....'.';~L 1\..IHn CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael Billdt, Assistant Chief of Police Subject: Appeal by Danny's Towing to be reinstated to the City's Tow Rotation List. Dept: Police Date: February 13, 2001 Synopsis oCPrevious Council action: On April 3, 2000, Mayor Valles and the Council continued the appeal hearing until June 5, 2000, On June 5, 2000, Mayor Valles and the Council continued the appeal hearing until July 24, 2000. On July 24, 2000, Mayor Valles and the Council continued the appeal hearing until September 5, 2000. On September 5, 2000, Mayor Valles and the Council continued the appeal hearing until October 2, 2000. On October 2, 2000, Mayor Valles and the Council continued the appeal hearing until February 20, 2001 Recommended motion: That the appeal by Danny's Towing to be reinstated to the City's Tow Rotation List be denied, ~~ Signature Contact person: Captain Robert Curtis Phone: 384-5606 Supporting data attached: Copy of plea agreement I EDA loan amortization schedule Ward: All FUNDING REQUIREMENTS: Amount None Source: (Acct. No.) (Acct. Description) Finance CounciINotes:- Agenda Item No.ol7 ;</;(0)0 I __-II CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Appeal by Danny's Towing to be reinstated to the City's Tow Rotation List. Back2round: Danny Alcarez owns and operates a towing service and tow yard business located at 2305 W, Highland Avenue, San Bernardino. He obtained a City Business license on 02/01/1990, Development Services issued a Certificate of Occupancy on 01/11/1991. On July 2, 1993, the City of San Bernardino and Danny Alcarez entered into a Small Business Loan Agreement (Loan), Agreement Number 93-100, The loan amount was $75,000 payable in eighty-four (84) monthly installments of $1,324,83, After the issuance of the Loan, Danny's Towing was placed on the city's tow rotation list. Historically, the Franchise Board and/or Police Commission had oversight of the tow carriers on the city's rotation, On 05/20/1999, the Mayor and Common Council ratified Resolution #1999-86 repealing Resolution #98-195 and establishing standard criteria for companies to provide tow services for the City of San Bernardino. Resolution #1999-86 effectively transferred administrative oversight of the terms and conditions of Resolution #1999-86 from the Police Commission to the Police Department. The department uses the disciplinary procedures established by Elements 17 and 18 of the most recent CHP tow service agreement (TSA), Disciplinary action may take into account all violations occurring within a 36-month period, Element 17 Item M, reads, "Violations of the terms and conditions of the Agreement that are subject to suspension for the first violation are categorized as major violations, Any subsequent or continuing major violation may be cause for termination". Item N, reads, "Except as specifically stated in the Agreement, minor violations of the terms and conditions of the Agreement may be cause for disciplinary action in the following manner. Table 1 Violation Time Period Sanction Reinstatement 1st 12-Month Letter of reprimand NIA 2nd 12-Month 30-day suspension Correction of violation 3rd 12-month 60 - 90 day suspension Correction of violation 4th 12-month Termination of Agreement None, May re-apply in future yearls at discretion of CHP, No "Grand-father" provisions, Must pass inspections, ---I Findings: Dannv's Towing Complaints SummarY Danny's Towing had seven complaints, five sustained, that occurred within a 15-month period from 09/14/1998 to 12/21/1999, The Police Department investigated each complaint and imposed the appropriate disciplinary action when warranted. The complaints, findings, and action taken are as follows: Table 2 Complaint Date Type Allegation Findings Sanction 98-03-0 I 09/28/1998 Minor Extensive damage to a Sustained Letter of vehicle. Violation of Reprimand Element 4 of the TSA 98-03-02 10/06/1998 Minor Non-Sufficient Funds check Sustained Letter of issued to City for Franchise Reprimand and Admin fees for 9/98 for $5,350, Violation of Section 13 & 14 of the Agreement 98-03-03 10/15/1998 Minor Non-payment of Franchise Sustained 5-day and Admin fees for 10/98 for suspensIOn $12,990, Violation of Section 13 & 14 of the Agreement 98-03-04 10/14/1998 Minor Inflammatory statements Unfounded NIA made by tow driver about paying "kick backs" to the department 98-03-05 4/7/1999 Minor Vehicle driven and engine Unfounded NIA damaged by tow carrier 98-03-06 616/1999 Minor Late response to a police call Sustained Letter of for servICe, Violation of Reprimand Addendum A-I of the TSA 99-03-01 12/21/1999 Major Improper storagel disposition Sustained Termination of police impound vehicles. of Criminal charges filed, No Agreement Contest plea by Danny Alcarez. The criminal matter against Mr. Alcarez, complaint 99-03-01, involved the filing of false documents entitled "Statement of Facts" with DMV under the penalty of perjury. Danny's Towing used the Statement of Facts forms to illegally dispose of vehicles stored or impounded by the San Bernardino Police Department, instead of using the proper lien sale process and paying the required fees, This action was to resolve a complaint that Danny's was improperly storing City impounded/stored vehicles on the public right-of-way instead of within their secured tow yard. --.,1 The San Bernardino County District Attorney's Office filed felony criminal charges against Mr. Alcarez on February 28, 2000, The criminal case was adjudicated on May 23, 2000, when Mr. Alcarez pled Nolo Contendere (no contest), which has the same effect as a guilty plea, except that it may not be used in subsequent civil actions, Mr. Alcarez pled "no contest" to a violation of California Vehicle Code ~20, "Making False Statements to DMV", a misdemeanor. Mr, Alcarez was placed on 3-years probation, May 2000 to May 2003, with terms that he violate no law and pay a $50 fine, $110 to the Victim Restitution Fund and $146 administrative fees by May 23, 2000, The fines were paid on May 24, 2000, Termination of Agreement For Tow Services On February 11, 2000, Mayor Valles gave notice to Danny Alcarez, via personal service of a letter, that the Agreement For Tow Services (Agreement) would terminate on March 15,2000. On March 15,2000, Mayor Valles terminated Danny's Towing from the City's tow rotation due to maior violations oftheAgreement, The basis of the termination was complaint #99-03-01 and the criminal prosecution, Additionally, Mr. Alcarez is on probation for criminal conduct directly related to the towing business. Mr. Alcarez appealed the termination to the Council on March 14,2000. The appeal was scheduled for April 3, 2000, Danny Alcarez has requested five continuances, with the last continue to February 20, 2001 received at the October 2, 2000 City Council meeting. The Nolo Contendere plea of Section 20 of the California Vehicle Code violates Section 2 Element L of the Agreement, between the City and Danny Alcarez. This section reads, "Comply with all rules, regulations and laws of the State of California, County of San Bernardino and City", Section 5 of the Agreement reads, "Any agreement entered into pursuant to the terms of this resolution may be terminated by either party, without prejudice, upon thirty (30) days written notice to the other party", Mayor Valles complied with this section, On Februarv 1 L 2000, Mayor Valles gave notice to Danny Alcarez, via personal service of a letter, that the Agreement would terminate on March 15. 2000. The thirty-day provision was satisfied. During the continuance of the appeal process at the request of Danny Alcarez, he failed to pay insurance premiums for business liability insurance, On October 23, 2000, the department received Notice of Cancellation of Insurance, effective September 5, 2000, from American Casualty Company of Reading, PA. On November 6, 2000, the department received Notice of Reinstatement of Insurance from the same company. CHP Administrative Action As a separate administrative action, on June 8, 2000, the California Highway Patrol terminated Danny's Towing from the CHP tow rotation for violating the CHP Tow Service Agreement (TSA). The CHP violations included improper storage I disposal of vehicles stored or impounded by the CHP and the Nolo Contendre plea to the criminal charge of "making false statements to DMV". Officer E. Robles, the tow compliance officer for the CHP, found that "making false statements to DMV" is conduct tacit of __J fraud related to the towing business, Element 15 Item C of the TSA reads, "Any conviction of the operator involving a stolen or embezzled vehicle, fraud related to the towing business, . . ., or moral turpitude shall be cause for denial of application or termination of the Agreement", Mr. Alcarez appealed the termination to the local CHP Commander. The termination was upheld. He then appealed to the CHP Inland Division Commander. On September 12,2000, the CHP reduced the termination to a one-year suspension with Danny's Towing being eligible to submit an application for inclusion on the CHP tow rotation list in January 2001. Danny's Towing was required to comply with all terms and conditions of the current TSA, There are no "grand-father" provisions for tow carriers serving a suspension of one year or more. On first inspection, two of four trucks failed to qualifY. The trucks were repaired and subsequently passed inspection. On January 23, 2001, the CHP placed Danny's Towing on their rotation list. Selection ofInterim or Permanent Tow Carriers The department established a procedure to select tow carriers for recommendation for inclusion on the City's tow rotation list to the Mayor and Council as position become available. An objective evaluation procedure, using a point system to determine the most qualified tow carrier, has been drafted and will be submitted the Legislative Review Committee for approval in March 2001. Financial ImDact There is no financial impact as to Franchise Fees, which are $24,000 per month divided equally among the participating tow carriers. Existing Economic Development Agencv Loan On July 2, 1993, the City of San Bernardino and Danny Alcarez entered into a Small Business Loan Agreement (Loan) of $75,000, Agreement Number 93-100. The original terms of the Loan were eighty-four (84) monthly installments of$I,324,83, On February 21, 1995, the Redevelopment Agency of the City of San Bernardino executed a Promissory Note (Note), Secured by a Deed of Trust, with Danny Alcarez. This Note, Agreement Number EDA 93-100, is for $84,400. The payment terms remained $1,324.83 per month for eighty-four (84) consecutive months. Two provisions of the Note concerning early payment are: · Transfer of ownership resulted in immediate payment in full of the existing balance . Default on payment or interest resulted in immediate payment in full of the existing balance, to include costs of litigation or collection processes Payments on the Loan and Note were deferred from Februarv 1995 to April 1998, Per Mike Trout, EDA Contracts Administrator, Danny Alcarez made regular payments on the Note from Mav 1998 to October 1998, Thereafter, Danny Alcarez made irregular payments and became delinquent. __ ,I Currently, the principal balance of the Note is $67,786.92, The last payment received was May 16, 2000 for the January 2000 installment. Danny Alcarez is eight months ($10,598.64) plus interest and other applicable fees in arrears. On September 21, 2000, Mr. Trout mailed notice to Danny Alcarez that the Note is "Due and Payable" for the existing balance of $67,786.92 plus interest for "non-vavment". Full payment was due on October 12,2000, EDA will seek the appropriate remedy as prescribed in the contract. On February 7, 2001, Mr. Trout advised that Mr. Alcarez failed to respond to the notice that the Note is "Due and Payable" for the existing balance of $67,786.92 plus interest for "non-vavment". Mr. Trout forwarded the matter to legal counsel to begin legal proceedings against Mr. Alcarez. Recommendation That the appeal by Danny's Towing to be reinstated to the City's Tow Rotation List be denied. --."1 Attachments I, Copy of Plea Bargain Agreement #FSB025675 2, EDA Loan Amortization Schedule Loan 2491 3, Agreement For Tow Services S 2 Element L 4. Agreement For Tow Services S 5 5. Agreement For Tow Services S I3 6, Agreement For Tow Services S 14 7. Agreement For Tow Services S 15 8, CHP Tow Service Agreement Element 4 9, CHP Tow Service Agreement Element 17 10, CHP Tow Service Agreement Element 18 11. CHP Tow Service Agreement Addendum Element 1 Section A _~~_l, Attachment 3 - 8 Attachment 9 Page 1 AGREEMENT FOR TOW SERVICES 2. Towing Carrier shall: L. Comply with all rules, regulations and laws of the State of California, County of San Bernardino and City. I, Any agreement entered into pursuant to the terms of this resolution may be terminated by either party, without prejudice, upon thirty- (30) days written notice to the other party, 13. The City will collect a vehicle administrative fee per each vehicle towed, which shall be set by resolution by the Mayor and Common Council. Such fee shall not be charged for those individuals who have had their vehicles towed, stored or impounded as a result of being a victim of a crime (car theft, etc) or those vehicles belonging to any public agency. 14. The averaged franchise fee will equal $24,000 per month, which will be divided equally among each ofthe participating tow carriers. Such franchise fee shall be paid by the towing carrier, out of its profits, and shall not be passed on to the vehicle owner. Should the total number oftow carriers on the rotation list change, the franchise fee will be adjusted accordingly among the tow carriers, Ten days notice shall be given to the participating tow carriers of any change in the amount to be paid to the City. 15, Towing Carrier shall also comply with the most recent California Highway Patrol tow service agreement. Where provisions of this Agreement and the CHP tow service agreement shall be found to be in conflict, the provisions of this Agreement shall prevail. STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL TOW SERVICE AGREEMENT CHP 234 (REV 1-98) OPI 061 4. TOW TRUCK DRIVERS A. The operator shall ensure that tow truck drivers responding to calls initiated by the CHP are qualified and competent employees of his /her company, The operator shall ensure that the tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery ofthe various types of vehicles serviced through CHP rotation, Tow truck drivers shall be at least 18 years old and possess the following minimum class driver license: 17. DISCIPLINARY ACTION --,..-> Attachment 9 Page 2 A. The Area commander shall take disciplinary action against operators for violations investigated and confIrmed or sustained, I) The Area commander shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions ofthis Agreement, B, Records of violations shall be retained by the CHP for at least 36 months, C. Disciplinary action taken against an operator by an Area commander will be honored by all CHP Areas being serviced by the operator in question. K, Failure of the operator or employee to comply with Element 14, Demeanor and Conduct, and/or Element 15, Compliance with Law, may be cause for suspension if deemed appropriate by the Area commander. 1. If the operator is serving a suspension for one year or more, helshe shall be required to comply with all terms and conditions of the current Agreement at the time of the reinstatement. There will be no approval of equipment that is not in compliance with the equipment specifications contained in the Agreement at the time of reinstatement. Elements of the Agreement which are commonly referred to as "grandfather clauses" shall Nolonger apply to the operator who is suspended for one year or more, M. Maior Violations. Violations of the terms and conditions of the Agreement that are subject to suspension for the fIrst violation are categorized as major violations. Any subsequent or continuing major violations may be cause for termination. 1) When considering punitive action for a major violation of the TSA, an Area commander may take into consideration all major and minor violations that occurred within 36 months prior to the date of the current violation. 2) Termination shall be invoked if, in the CHP's judgement, continued participation in the Rotation Tow Program by the affected tow operator may result in a hazard to public safety and/or welfare, or the operator has been convicted of a crime listed in Element 15c. 3) In lieu of termination, the CHP may impose additional suspensions for longer periods, if deemed appropriate, _.....L Attachment 9 Page 3 Attachment 10 Page 1 N. Minor Violations, Except as specifically stated in the Agreement, minor violations of the terms and conditions of the Agreement may be cause for disciplinary action in the following manner. I) 1 st violation within a 12 month period - letter of written reprimand, 2) 2nd violation within a 12 month period - 30 day suspension, 3) 3rd violation within a 12 month period - 60 to 90 day suspensIOn. 4) 4th violation within a 12 month period-termination of the Agreement. a) In lieu of a termination, the CHP may impose additional suspensions for longer periods, if deemed appropriate. 0, Nothing herein shall be deemed to prohibit the CHP from immediately suspending any operator whose conduct, or that of his/her employee(s), in the discretion of the Area commander, is deemed to be a danger to the motoring public or who has engaged in conduct constituting a flagrant violation of the CHP Tow Service Agreement. 18. HEARING/APPEAL A. In the event the CHP serves the operator with a written reprimand or suspension, the operator may request a hearing within seven calendar days by submitting a request in writing to the Area commander. If a hearing is requested, it shall be held as soon as practicable, The hearing shall be conducted by the Area commander or his/her designee and the operator shall be entitled to present all relevant facts and circumstances in support of his /her position, The operator shall be further entitled to present testimony of at least one representative (as defined in Attachment A) of a tow truck association or other qualified person. The operator shall be notified in writing of the decision ofthe Area commander, within ten business days of the date of the hearing. B. Following a hearing, if the operator is dissatisfied with the Area commander's decision, the operator may request an appeal (as defined in Attachment A) by submitting a request in writing to the CHP Division commander within seven calendar days. If an appeal --', Attachment 10 Page 2 Attachment 11 is requested, it shall be held as soon as practicable, The appeal shall be conducted by the Division commander or his/her designee, The operator shall have the same rights as those provided at the Area level. The operator shall be notified in writing of the decision of the Division commander within ten business days of the date of the appeal. The Division commander's decision shall be subject to no further administrative appeal. C, A suspension shall not take effect until the hearing and appeal process has been exhausted, with the exception of operators whose conduct is deemed to be a danger to the motoring public or whose conduct grossly violates the terms and conditions of the CHP Tow Service Agreement. If an operator fails to request a hearing or appeal within the specified time or fails to appear at a scheduled hearing or appeal, the action taken by the CHP Area commander shall be final and the suspension shall take effect upon written notification to the operator by the Area commander. ADDENDUM The CHP Tow Service Agreement (TSA), Revision 1-96, allows the Area Commander discretion in a variety of areas, Below is a list of conditions and guidelines that will be applicable to the San Bernardino Area and will be strictly enforced, (Items marked by an asterisk are those required by the San Bernardino Area). Any element of the TSA not addressed in this Addendum will be interpreted and enforced according to the language of the TSA. Element 1 Section A "Within each tow district, the Area Commander shall determine the maximum response time, enrollment period, reasonable rates, minimum number of trucks and any applicable waiver period." *) Maximum response time: Class "A" and "B" tow trucks-20 minutes. Class "c" and "0" tow trucks - 40 minutes, o SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, o I I .-' Attachment71~' '. PLEA BARGAIN AGREEMENT VS. o BARSTOW CENTRAL o HINO o EAST o MORONGO BASIN o VALLEY o VICTORVILLE o WEST VALLEY o File No. Case NoP S B 0 JoSb 7S" Charges lIc. f.2 0 Date ~2. 5/00 Judge G %A .... Name l)A....J y' ~VcRr-.4 A.C^R.6Z. A,K,A, O,O.B, A plea bargain has been reached in this case between Deputy District Attorney .K . \.f e ~ ' and defendant with Public Defender/Att~Sle<{.--'" -. I PLEA: The defendant pleads guiltyloolo c9.1l1ender~ V C i ,;1;' Go ~ M A K f /U "f FA f!are. o an IRO/L10 as to eount ~ added as count .J <;.f'~"'t ~-i"lfJ;;. TERMS OF PLEA: . 1G ' 'J.{ \J -n Pronouncement of judgment withheld withheld/suspended and conditional and revocable release granted for a period of .3 "t lU ell, .~ Violate no law. .. -"I( 5" 0" 0 0 ,tJ . EI Pay a fine of $ !IY:.'l&..-I.:; ~ plus Admin. Fllfj$ .2'5G--- Total$ -::.O~ ~ , Payment terms: ~Ccu!1 .Q~ro~B!k,"bY $"/.23'00 or at rate of per '. month beginning .:' ...;;.\t '~'of ' . In lieu of fine serve days in County jailor complete ,j- hours/days in work sentence program by '---- EJ Pay $ to Victim Restitution Fund. o Traffic School: Proof of completion to be filed by o Alcohol Program: Defendant to attend 0 County Approved 0 State Approved Proof of enrollment to be filed by Proof of completion to be filed by Driver's license restrieted 0 90 days Jail term: credits o 24 0 48 0 o 1 year 0 18 months Defendant to appear at San Bernardino County Jail/Glen Helen 72 hour increments 0 straight time at m. on o o .0 Dismiss OTHER Not drive a motor vehicle unless properly licensed and insured according to California law, Nq~~a_moto~iiehicl"wittozleas-iirabTi'amdiii'\l"Of'lIlEiihel~'iOut;svstem. 'Submit'CO.a .\I!st_~bldUlt;-breat""oC:9rinf:DpGa.1equll.s.!.~esti!Rl-ot&r... I consent and agree to the terms of the PLEA BARGAIN and to the entry of same in the minutes of said court, and acknowledge receipt of a copy of this document. . I realize that willful violation of the terms of this agreement bay be a misdemeanor and therefore subject to bench warrant and further penalties. Dated~ , ! J~_ . , : 1 j ,f . ...-.... .J. /,; j )\ - . A rtomey for Defendent District Attorney ;. By ~ . .!-.... Deputy District Attorney o ApP"'Z"" )If "J- by d.......:PPlIOVED /~r.- i /' M J:til t1,t~ / /~-) pA ". ,. ./ ....' ~... DISTRIBUTION: WMe - ~ -'. - - Defend",t A~ CMlVf - 0/$_ Anomey Goldenrod - o./end8IIt'. ." iP ...,,-...,.- .-- - " 1-09 ... o ... 00 - UI ... N I ~6Dd ., ... , o o . 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I I .... ~ "" II 'i I "l I ... .. n .. .. I " .... I I ~ ~----.I.' -;)/::-/N/ ~"I;7'7 OFFICE OF THE CITY CLERK RACHEL G, CLARK, C.M,C. . CITY CLERK SM P.O. Box 1318 ' San Bernardino' CA 92402 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.cLsan.bernardino.ca.us February 22, 2001 Mr, Robert Ring Ring and Green 1900 Avenue of the Stars, Suite 2300 Los Angeles, CA 90067 Dear Mr, Ring: At the meeting of the Mayor and Common Council held on February 20, 2001, the following action was taken regarding the appeal hearing relative 10 the termination of Danny's Towing from the Police Department Tow Rotation List: That the public hearing be closed; and that the Mayor and Common Council reinstate Danny's Towing to the City's Tow Rotation List, If we can be of further assistance, please do not hesitate to contact this office. Sincerely, J;~ck.e.h. ~u~;L Rachel G, Clark, CMC City Clerk RC:1h cc: Police Department Danny's Towing, 2305 W, Highland Ave" San Bernardino, CA 92405 CITY OF SAN BERNARDINO ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty O""'I'''''L f"j j \"11 dn CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Wayne Harp, Assistant Chief of Police Subject: Appeal Hearing of Agreement For Tow Services Termination, Danny's Towing Dept: Police Date: September 21,2000 Synopsis of Previous Council action: On April 3, 2000, Mayor Valles and the Council continued the appeal hearing until June 5 2000. On June 5, 2000, Mayor Valles and the Council continued the appeal hearing until July 24 2000. On July 24, 2000, Mayor Valles and the Council continued the appeal hearing until September 5, 2000, On September 5, 2000, Mayor Valles and the Council continued the appeal hearing until October 2, 2000. Recommended motion: That the appeal of Danny's Towing to be reinstated to the Police Department Tow Rotation List be denied, ~1: Contact person: Lt. R. Poyzer Phone: 388-4876 Supporting data attached: Copy of plea agreement I EDA loan amortization schedule Ward: All FUNDING REQUIREMENTS: Amount Source: (Acct. No.) (Acct. Description) Finance Council Notes: Agenda Item No. .:zlf 11tJ2-/0() --~...~.- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Appeal Hearing of Agreement For Tow Services Termination, Danny's Towing, Background: On February 11,2000, Mayor Valles gave notice to Danny Alcarez, via personal service of a letter, that the Agreement For Tow Services (Agreement) would terminate on March 15,2000. On March 15,2000, Mayor Valles terminated Danny's Towing from the City's tow rotation due to major violations of the Agreement, The violations included the falsifying of official documents, which resulted in felony criminal charges being filed by the San Bernardino County District Attorney's Office, The criminal case is adjudicated. Danny Alcarez appealed the termination to the Council on March 14,2000, The appeal was scheduled for April 3, 2000, Danny Alcarez requested a continuance of this matter to June 5, 2000, July 24, 2000, September 5, 2000, and again to October 2, 2000. The department did not object to the continuance, which the Council approved, Danny Alcarez requested the continuances to allow time for an appeal to the California Highway Patrol (CHP) Inland Division Commander, for termination of Danny's Towing from the CHP tow rotation for violating the CHP Tow Service Agreement (TSA), On May 23, 2000, Danny Alcarez appeared before the court, represented by his attorney Robert Ring. Deputy District Attorney K, Relyea represented the people, The parties reached a plea bargain agreement, which Judge Garza accepted. The plea bargain agreement has the following findings, 1. Danny Alcarez pled Nolo Contendere, "no contest", to a violation of California Vehicle Code ~20, "Making False Statements to DMV", a misdemeanor, 2. Pronouncement of judgement withheld, conditional, and revocable release granted for a 3-year period, In other words, 3 years probation. 3, Violate no law. 4. Pay a fine of $50 plus administrative fees of $256, $306 total including $110 to the Victim Restitution Fund, by May 23, 2000, The fines were paid on May 24, 2000, On May 31, 2000, Mr. Ring notified the police department, via letter, of the adjudication and stated that the misdemeanor violation "is not within the synopsis of a criminal conviction listed by the CHP for disqualification of an operator. ,,", However, the CHP terminated Danny's Towing from their tow rotation in accord with the TSA. The CHP's tow compliance officer, Officer R. Costelow, found that "making false statements to DMV" is conduct tacit of fraud related to the towing business, The false statements stemmed from signing DMV documents "Statement of Facts" under the penalty of perjury. Danny's Towing used the Statement of Facts to dispose of vehicles, _~____ --I stored or impounded by the San Bemardino Police Department, instead of using the proper lien sale process and paying the required fees, Element 15 Item C ofthe TSA reads, "Any conviction ofthe operator involving a stolen or embezzled vehicle, fraud related to the towing business, , , " or moral turpitude shall be cause for denial of application or termination of the Agreement". On June 8, 2000, CHP Captain L.F. Bamrick notified Danny Alcarez, via letter, of the above information and that Danny's Towing is terminated from the tow rotation list. Danny Alcarez appealed the termination to the local CHP Commander. The termination was upheld, Danny Alcarez then appealed to the CHP Inland Division Commander, On September 12,2000, the CHP reversed the termination of Danny's Towing and imposed a one-year suspension, The suspension is consistent with Element 17 Item 0 of the TSA. Danny's Towing may reapply for inclusion on the CHP tow rotation list in January 2001. However, there are no certainties that Danny's Towing will succeed in the application process, Element 17 Item L of the TSA reads, "If the operator is serving a suspension for one year or more, helshe shall be required to comply with all terms and conditions of the current Agreement at the time of reinstatement. There will be no approval of equipment that is not in compliance with the equipment specifications contained in the Agreement at the time of reinstatement. Elements of this Agreement which are commonly referred to as "grandfather clauses" shall no longer apply to the operator who is suspended for one year or more", The police department takes a position similar to the CHP. Danny Alcarez filed false statements with the DMV to dispose of vehicles rather than using the lien sale process. Said statements are tacit of fraud related to the towing business, The violation of Section 20 of the California Vehicle Code also violates Section 2 Element L of the Agreement, between the City and Danny Alcarez, This section reads, "Comply with all rules, regulations and laws of the State of California, County of San Bernardino and City". Section 15 ofthe Agreement reads, "Towing Carrier shall also comply with the most recent California Highway Patrol tow service agreement. Where provisions of this Agreement and the CHP tow service agreement shall be found to be in conflict, the provisions of this Agreement shall prevail". The department uses the disciplinary procedures established by Elements 17 and 18 of the TSA. Disciplinary action may take into account IJil violations occurring within a 36-month period. These elements do not conflict with the Agreement. Danny's Towing has seven complaints, five sustained, that occurred within a 12-month period, The department investigated each complaint and imposed the appropriate disciplinary action when warranted, The complaints, findings, and action taken are as follows: 1, 98-03-01 complained of extensive damage to a vehicle, violating Element 4 of the TSA. The complaint was sustained and a letter ofreprimands issued. 2. 98-03-02 complained of failure to submit Franchise and Administrative Cost Recovery Fees to the City, violating Section 13 and 14 of the Agreement, The complaint was sustained and a letter of reprimands issued, 3, 98-03-03 complained of failure to submit Franchise and Administrative Cost Recovery Fees to the City, violating Section 13 and 14 of the Agreement. The complaint was sustained and a three-day suspension imposed. 4, 98-03-04 complained of a tow driver making inflannnatory statements to the public, The complaint was unfounded and no disciplinary action imposed, 5, 98-03-05 complained of extensive damage to a vehicle, violating Element 4 of the TSA, The complaint was unfounded and no disciplinary action imposed. 6. 98-03-06 complained of a late response to a police call, violating Addendum A-I of the TSA, The complaint was sustained and a letter ofreprimands issued, 7. 99-03-01 the subject of the criminal prosecution. The complaint was sustained and Agreement terminated, Element 17 Item M, reads, "Violations of the terms and conditions of the Agreement that are subject to suspension for the first violation are categorized as major violations. Any subsequent or continuing major violation may be cause for termination", Item N, reads, "Except as specifically stated in the Agreement, minor violations of the terms and conditions of the Agreement may be cause for disciplinary action in the following manner. 4) 4th violation within a 12 month period - termination of the Agreement. . .". Section 5 ofthe Agreement reads, "Any agreement entered into pursuant to the terms of this resolution may be terminated by either party, without prejudice, upon thirty (30) days written notice to the other party", Mayor Valles complied with this section, On Febru8.lY 11. 2000, Mayor Valles gave notice to Danny Alcarez, via personal service of a letter, that the Agreement would terminate on March 15. 2000, The thirty-day provision is satisfied. Qualified tow carriers expressing an interest in providing tow services to the City will be reviewed by the Tow Compliance Officer for eligibility, All those qualifying will be considered, Recommendations based on objective criteria will be brought before the Council for approval. Financial Impact There is no financial impact as to Franchise Fees, which are $24,000 per month divided equally among the participatin~ tow carriers, Existing Economic Development A~enc'y Loan On July 2, 1993, Mayor Tom Minor and Danny Alcarez entered a Small Business Loan Agreement (Loan), Agreement Number 93-100, The loan amount is $75,000 payable in eighty-four (84) monthly installments of$I,324,83. On February 21,1995, the Redevelopment Agency ofthe City of San Bernardino executed a Promissory Note (Note), Secured by a Deed of Trust, with Danny Alcarez. This Note, Agreement Number EDA 93-100, is for $84,400, The payment terms remained $1,324,83 per month for eighty-four (84) consecutive months, The Note reads, "THIS NOTE SHALL become immediately due and payable in the amount ofthe unpaid principal with interest upon transfer of title, whether such be voluntary, involuntary by operations oflaw, . . " or upon the occurrence of any event which causes a reduction in the priority which the deed of trust securing this instrument enjoys as of the date of its recordation". "IF BORROWER shall at any time default in making any payment of principal or interest on the Note, Borrower shall to the full extent permitted by law, pay to the city or other holder of the Note, in addition to any other amounts that may be due from Borrower to such holder, an amount equal to the reasonable costs and expenses incurred by such holder, in its efforts to protect its collateral, secure payment, or otherwise defend its interest hereunder in any judicial or administrative proceeding". Payments on the Loan and Note were deferred from February 1995 to A.vriI1998. Per Mike Trout, EDA Contracts Administrator, Danny Alcarez made regular payments on the Note from May 1998 to October 1998. Thereafter, Danny Alcarez made irregular payments and became delinquent. Currently, the principal balance of the Note is $67,786.92, The last payment received was May 16, 2000 for the January 2000 installment. Danny Alcarez is eight months ($10,598.64) plus interest and other applicable fees in arrears, On September 21,2000, Mr, Trout mailed notice to Danny Alcarez that the Note is "Due and Payable" for the existing balance of $67,786.92 plus interest for "non-vavment", Full payment is due on October 12, 2000. EDA will seek the appropriate remedy as prescribed in the contract. Recommendation That the appeal of Danny' s Towing to be reinstated to the Police Department Tow Rotation List be denied, Attachments 1. Copy of Plea Bargain Agreement #FSB025675 2. EDA Loan Amortization Schedule Loan 2491 3, Agreement For Tow Services 9 2 Element L 4. Agreement For Tow Services 9 5 5, Agreement For Tow Services 9 13 6, Agreement For Tow Services 9 14 7. Agreement For Tow Services 9 15 8, CHP Tow Service Agreement Element 4 9, CHP Tow Service Agreement Element 17 10, CHP Tow Service Agreement Element 18 11, CHP Tow Service Agreement Addendum Element 1 Section A o p . I --. Attachment'l SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO THE PEOPLE OF THE STATE OF CALIFORNIA. Plaintiff, A plea bargain has been reached in this case between Deputy District Attorney and defendant with Public Defender/Attr.'ev-:---'" .. PLEA: The defendant pleads guiltyloolo C9.ntender~ V C i'.l19 - M A k f /'IJ .s. FA frat? , o an IRO/L10 as to count 'jI{J, added as count _t ~t-q""t ~'liutr TERMS OF PLEA: -/t3 . 'f{ 11 - n Pronouncement of judgment withheld withheld/suspended and conditional and revocable release granted _ , for a period of .3 't ~ eli' ;fj Violate no law. .. ~ r Q'. 0 0 ,(J .' Ilu~;:) ., I. __ .~O 1- COV_' ,@ Pay a fine of $ .,:-,(..-/.:; , PIUSAdmin.Fej$ .,L'5L!' Total $ - ..." Payment terms: 1J.. Cou!1 ,0, ~rob~iOn by s.J 31 00 or at rate of month beginning .', ..~.\L ,:-~ ' , In lieu of fine serve ~ ,. complete " ,- hours/days in work sentence program by Pay $ I to Victim Restitution Fund, Traffic School: Proof of completion to be filed by Alcohol Program: Defendant to attend 0 County Approved 0 State Approved Proof of enrollment to be filed by Proof of completion to be filed by Driver's License restricted 0 90 days Jail term: credits vs. o BARSTOW CENTRAL o HINO o EAST o MORONGO BASIN o VALLEY o VICTORVILLE o WEST VALLEY o Name bAwn' #UcRi'A A..t:..~R.6Z A,K.A, 0.0,8. PLEA BARGAIN AGREEMENT File No, Case NO.r: S B 0 .J:Sb 75" Charges lie. f J: () Date~2.~ 100 Judge G z.A ... K '1 e CJ... B o o per days in County jail or --- o o o 1 year 0 1 8 months Defendant to appear at San Bernardino County Jail/Glen Helen 72 hour increments 0 straight time at _ m. on 48 0 o ,0 Dismiss OTHER o 24 Not drive a motor vehicle unless properly licensed and insured according to California law. 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"..,5:: .,...0'0 HZS" o.~~<~ .....aI:iOl""'lcn 4'OUa:l NUpa~'.:l Il<I .... ~ .. I U l!l ~lnFW.s>o QOO"'as ~...-l[;W~p.. 7 0 l}ai,i~,pWbO d ",.... It'l0 . . "'10 "'''' ....... ....... ....... ...'" ....'" . . ........ ",0 ....... In'" ....... ""... "'.. . . ...10 ...o. "'... ~ . ....... In" ...... 88 NN VQ3 sS-WOJ~ 1I!'9:BO OO-lZ-SO Attachment 3 - 8 Attachment 9 Page 1 AGREEMENT FOR TOW SERVICES 2. Towing Carrier shall: 1. Comply with all rules, regulations and laws of the State of California, County of San Bernardino and City, 5. Any agreement entered into pursuant to the terms of this resolution may be terminated by either party, without prejudice, upon thirty (30) days written notice to the other party. 13, The City will collect a vehicle administrative fee per each vehicle towed, which shall be set by resolution by the Mayor and Common Council. Such fee shall not be charged for those individuals who have had their vehicles towed, stored or impounded as a result of being a victim ofa crime (car theft, etc) or those vehicles belonging to any public agency. 14. The averaged franchise fee will equal $24,000 per month, which will be divided equally among each ofthe participating tow carriers. Such franchise fee shall be paid by the towing carrier, out of its profits, and shall not be passed on to the vehicle owner. Should the total number of tow carriers on the rotation list change, the franchise fee will be adjusted accordingly among the tow carriers, Ten days notice shall be given to the participating tow carriers of any change in the amount to be paid to the City, 15. Towing Carrier shall also comply with the most recent California Highway Patrol tow service agreement. Where provisions of this Agreement and the CHP tow service agreement shall be found to be in conflict, the provisions ofthis Agreement shall prevail. STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL TOW SERVICE AGREEMENT CHP 234 (REV 1-98) OPI 061 4, TOW TRUCK DRIVERS A. The operator shall ensure that tow truck drivers responding to calls initiated by the CHP are qualified and competent employees of his /her company, The operator shall ensure that the tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of the various types of vehicles serviced through CHP rotation, Tow truck drivers shall be at least 18 years old and possess the following minimum class driver license: 17, DISCIPLINARY ACTION A, The Area commander shall take disciplinary action against operators for violations investigated and confirmed or sustained. Attachment 9 Page 2 1) The Area commander shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement. B. Records of violations shall be retained by the CHP for at least 36 months. C. Disciplinary action taken against an operator by an Area commander will be honored by all CHP Areas being serviced by the operator in question. K. Failure ofthe operator or employee to comply with Element 14, Demeanor and Conduct, and/or Element 15, Compliance with Law, may be cause for suspension if deemed appropriate by the Area commander. L. Ifthe operator is serving a suspension for one year or more, helshe shall be required to comply with all terms and conditions ofthe current Agreement at the time of the reinstatement. There will be no approval of equipment that is not in compliance with the equipment specifications contained in the Agreement at the time of reinstatement. Elements of the Agreement which are commonly referred to as "grandfather clauses" shall no longer apply to the operator who is suspended for one year or more, M, Maior Violations. Violations of the terms and conditions of the Agreement that are subject to suspension for the first violation are categorized as major violations, Any subsequent or continuing major violations may be cause for termination, 1) When considering punitive action for a major violation of the TSA, an Area commander may take into consideration all major and minor violations that occurred within 36 months prior to the date of the current violation, 2) Termination shall be invoked if, in the CHP's judgement, continued participation in the Rotation Tow Program by the affected tow operator may result in a hazard to public safety and/or welfare, or the operator has been convicted of a crime listed in Element 15c, 3) In lieu of termination, the CHP may impose additional suspensions for longer periods, if deemed appropriate. Attaclnnent 9 Page 3 Attaclnnent 10 Page 1 N, Minor Violations. Except as specifically stated in the Agreement, minor violations of the terms and conditions of the Agreement may be cause for disciplinary action in the following manner. 1) 1st violation within a 12 month period -letter of written reprimand, 2) 2nd violation within a 12 month period - 30 day suspension. 3) 3rd violation within a 12 month period - 60 to 90 day suspension, 4) 4th violation within a 12 month period - termination ofthe Agreement. a) In lieu of a termination, the CHP may impose additional suspensions for longer periods, if deemed appropriate, 0, Nothing herein shall be deemed to prohibit the CHP from immediately suspending any operator whose conduct, or that of his/her employee(s), in the discretion of the Area commander, is deemed to be a danger to the motoring public or who has engaged in conduct constituting a flagrant violation ofthe CHP Tow Service Agreement. 18, HEARING/APPEAL A. In the event the CHP serves the operator with a written reprimand or suspension, the operator may request a hearing within seven calendar days by submitting a request in writing to the Area commander, If a hearing is requested, it shall be held as soon as practicable, The hearing shall be conducted by the Area commander or his/her designee and the operator shall be entitled to present all relevant facts and circumstances in support of his /her position. The operator shall be further entitled to present testimony of at least one representative (as defined in Attaclnnent A) of a tow truck association or other qualified person. The operator shall be notified in writing ofthe decision of the Area commander, within ten business days of the date of the hearing, B. Following a hearing, if the operator is dissatisfied with the Area commander's decision, the operator may request an appeal (as defined in Attaclnnent A) by submitting a request in writing to the CHP Division commander within seven calendar days. If an appeal is requested, it shall be held as soon as practicable, The appeal shall -.--1... Attachment 10 Page 2 Attachment II be conducted by the Division commander or hislher designee. The operator shall have the same rights as those provided at the Area level. The operator shall be notified in writing of the decision of the Division commander within ten business days of the date of the appeal. The Division commander's decision shall be subject to no further administrative appeal. C. A suspension shall not take effect until the hearing and appeal process has been exhausted, with the exception of operators whose conduct is deemed to be a danger to the motoring public or whose conduct grossly violates the terms and conditions ofthe CHP Tow Service Agreement. If an operator fails to request a hearing or appeal within the specified time or fails to appear at a scheduled hearing or appeal, the action taken by the CHP Area commander shall be final and the suspension shall take effect upon written notification to the operator by the Area commander. ADDENDUM The CHP Tow Service Agreement (TSA), Revision 1-96, allows the Area Commander discretion in a variety of areas. Below is a list of conditions and guidelines that will be applicable to the San Bernardino Area and will be strictly enforced. (Items marked by an asterisk are those required by the San Bemardino Area), Any element of the TSA not addressed in this Addendum will be interpreted and enforced according to the language of the TSA. Element 1 Section A "Within each tow district, the Area Commander shall determine the maximum response time, enrollment period, reasonable rates, minimum number of trucks and any applicable waiver period," *) Maximum response time: Class "A" and "B" tow trucks-20 minutes, Class "C" and "D" tow trucks - 40 minutes, __~__.__ I /C/2jriJ # 22"- OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C, . CITY CLERK '" P.O. Box 1318' San Bernardino' CA92402 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.cLsan-bernardino.ca.us October 3, 2000 Mr. Robert Ring Ring and Green 1900 A venue of the Stars, Suite 2300 Los Angeles, CA 90067 Dear Mr. Ring: At the meeting of the Mayor and Common Council held on October 2, 2000, the following action was taken regarding the appeal hearing relative to the termination of Danny's Towing from the Police Department Tow Rotation List: That the hearing be closed; that the matter be continued to February 20, 2001; and that the interim agreement with San Bernardino Towing be extended to February 20, 2001. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, Gf:~j\d- h. Ci~~'t~'- Rachel G. Clark, CMC City Clerk RC:lh cc: Police Department Danny's Towing, 2305 W, Highland Ave., San Bernardino, CA 92405 CITY OF SAN BERNARDINO ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty Robert A. Ring Susan H, Green RING &. GREEN Attorneys At Law 1900 Avenue of the Stars, Suite 2300 Los Angeles, California 90067 (310) 201-0777 Fax: (310) 556-1346 DATE: TO: FAX TRANSMITT AL SHEET September 28, 2000 RACHEL CLARK CLERK, CITY OF SAN BERNARDINO (OCTOBER 2, 000 HEARING: IMMEDIATE DISTRIBUTION) FROM: RING &. GREEN SUBJECT MAnER AND CASE NO.: CITY OF SAN BERNARDINO; DAN3-1 FAX NO. OF RECEIVER: FAX NO, OF SENDER: REMARKS: Dear Ms. Clark: (909) 384- ~ 5' I r; f' (310) 556-1346 Please immediately distribute the enclo . Council for the appeal hearing of Danny's Towing set Octo again for your cooperation. Please immediately call with TOTAL PAGES SENT (INCLUDING TIllS PAGE): CONFIDENTIALITV NOTICE The documents accompanying this telC<:Opy transmission contain information from the Law Firm ofRinl &. Green which is confidential and/or legally privilell"d. The Information is intended only for the use ofth. individual or entity named on this transmission sheet. If no' in the bands oflhc intended recipients, any disclosure, copying, distribution or the taking of lilY action in reliance on the contents oflhis teleoopied Information is strictly prohibited. If you have received this telecopy in error, please notifY us by telephone immediately so thaI we can arrange for the return of th. orisinal documents to us at no COSllo you. If any pages are illegible or missing, please contact us at (310) 201-0777. Fax Operator #.2 p- /CJ-Z -00 RING & GREEN ATTORNE"'S "'", &.,AW 1900 AVENUE Of" THE STARS. SUITt: 2300 LOS AJlII'G2LES. CALIFORNIA 00087 ltoeCIIl'" A. RING $U$AN H. GREEN Te...c"ootO"'c 1.)10) ~OI-On7 "AX 13/01 $.."'34., September 28, 2000 DAN3-1 Mayor Judith Valles and the Common Council City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 Re: Anneal - October 2. 2000. 10:00 a.m, Dannv's Towing Dear Mayor Valles and Members of the Common Council: On behalf of Danny's Towing, I present the following infonnation to clarify our position and provide some background for the appeal hearing on October 2, 2000: 1. WHAT WE WANT TODAY Danny's Towing has been placed on permanent suspension since March 15, 2000, in large part because of its failure to fully comply with the California Highway PatrOl (CHP) Tow Service Agreement (fSA) which is an integral part of the City of San Bernardino's (San Bernardino) Tow Agreement. We all have been waiting to see the outcome of the crimina1 charges and whether the CHP would place Danny's back on rotation. (See Exhibit A, the March 15,2000 San Bernardino letter which states in pertinent part that Danny's Towing will "remain suspended" Wltil a decision is reached by the City Council on the tennination appeal.) Since now, if Danny's passes a vehicle and facility inspection, the CHP will permit Danny's Towing to resume the CHP rotation from after January of 2001, it is only prudent that San Bernardino wait until January of2001 and see whether Danny's Towing resumes its position on CHP rotation before San Bernardino renders a final decision its tennination. (please see Exhibit B which is a CHP letter allowing Danny's Towing, after passing inspection, to resume the TSA. ) Because the CHP TSA is the cornerstone of San Bernardino's Tow Agreement, and assllJIli.n& Danny's Towing is in compliance with the TSA in January of 2001, Danny's Towing has the logical and moral position that if it iI in compliance with the CHP TSA, it likewise should be reinstated in San Bernardino. Mayor Judith Valles September 28, 2000 Page 2 Accordinlllv. it is resDectfullv reauested that this termination appeal be contiaued u~ early Februarv. 2001 since it is premamre to mAIr" a decision Reasons For: A. There is nothing to lose, there is no prejudice to San Bernardino, if it continues this hearing. B. There is 0.0 reason San Bernardino should not give Danny's the same chance the CHP will give it. In short, CHP has determined that 'enough is enough' and a year's suspension is su:lIi.cient pUDi~ent for the underlying problems; C. San Bernardino Tow Company, who bas the interim contract due to expire October 2, 2000, would surely accept an extension of the interim contract through sometime in February of 200 I. If the City of San Bernardino makes a tinal decision now, and eaters into a permanent contract with San Bernardino Tow, and if Danny's is reinstated with the CHP in January of2001, San Bernardino would have no option to reinstate Danny's Towing and would unnecessarily expose itse1fto legal liability. D. San Bernardino continued the hearing from April 2000 to wait for the outcome of the criminal case and the CHP ruling, why not wait a few more months especially in light of the CHP decision? 2. WHY DANNY'S TOWING SHOULD BE BACK ON ROTATION IN ~AN BRRNARDINO The CliP has agreed that 'enough is enough' and so should san Bernardino. Given the scope and nature of the problems with Danny's Towing, the CHP detemJined after two appeals that a one year suspension was sufficient punishment. Indeed, the Vehicle Code ~20 regarding making false statements is simply not in the long list of crimes which warrant permanent disqualification under the TSA. A careful review of the underlying facts shows that the CHP exercised reasonable and sound judgement. Exhibit C is a copy of the document signed by Danny's Towing which was a basis for the criminal charges. It is noteworthy that this document is a preprinted form prepared by PIC-A-PART which is a licensed dismant1er recommended by San Bernardino. Danny's Towing asked how it could dispose of junk vehicles and was simply told to 'sign here.' The form was not prepared especially for Danny's Towing and Danny's Towing understands this is the operational method ofPIC-A-P ART which holds itself out as an expert in disposing ofveh1cles. Mayor Judith Valles September 28, 2000 Page 3 Out of ten felony counts which were alleged, it is noteworthy that the District Attorney readily reduced the entire complaint down to one misdemeanor for making a false statement, not fraud. There obviously was not sufficient evidence to support the allegations. Moreover, attached is Exhibit D which is the CHP list of all crimes for which they would permanently disquali1Y the tow company. Vehicle Codes ~20 is 11m on the list. Danny A1carez worked hard with the City of San Bernardino to become a police tower. San Bernardino has invested substantial money with Danny's Towing. Should Danny's Towing effectively lose its entire business because of its problem with the PIC-A-PART forms? The answer is no. The CHP agrees that the answer is no. In all fairness, the City or'San Bernardino should also give Danny's an additional chance. Respectfully submitted, By: \ Robert A. . ng . Attorneys for Danny's Towing RAR.:smd Enclosures dan3\oity ofs... _dinolvaJlos-ltrl _"___ i l'P"f"::....&.e-~w'" CI~..,;)." ~..".,..1'-c:. . -.-..... IF'" "'IUIl"!:l" ~~~ J~b l~O ~.~ !DUt4S2llI HIS P 0110& Jo/lolli .).>-J:r..1~~ l~~~~~' !f'-j~~~~ -~~ ~'''.if.~c, p.' ,,-~~~~ ~ fj' ~:"'.;;~;E ~ '." <,",,,",,, .........--,,'.6 '",IA.' - -~~~:',\~... ~1'_:"':f'>JJ.~\ -/~ C I r y 0 J: San &rnardino a.II~1 0' Tilt; CI'I'y A'ro...ey ",,. .. t' S r P, Hill'''' '" c.tY""'O_N,tt' March 15. 2000 Robert A _ Etq. lias a Gr.l 1000 A._ of the Sa-. Suite I2JOO Los AnJ*s, CaIifilnU 90061 :k ....,', Towfata Dear Mr. J1ins: YlAU~.1 <'lND '1l-GtlL6_ llU.n 11Ii$1cIto'1s 10 ClOtollalU tbe ..- you JIl"Opuecl ~,our diet, Danny'~ l'owiIJe. lbe _nr.'1IIas to lhe ~ ..,..- . 011 UId tile l<<lllinItinn of_ towing QOlIUICI belwwl Dumy'S TowiJw and th. City of'SaD Bernadino. TIle SIn ~ County D1scric:l AztGmey ftCCIldy IIIll SOWI'II ctiminaJ charges 8(laiftsl Damy's Towtna. llllrmy's TowiJIa fa:ls ic _ retoIwe tlJc QlmilW GIIersca to Pl'0CClIcl with ill eppal of the ta1niaaaioa art" COjlbiM. 0-,.'. TowiBs win widIcIrew i1s aPl"'l'l of lho "'<P'Wioft c:urnmly inl!lleel md JlI'oc:ced with llII .".., ollbc ""n.;..... 0( tile CGlb...t. Tile *ist a hcarina 011 the ICrnlinaticm ilppeal can be ...... by the City C....oncil is April 3,~. The CClIIIllliI meecirJe hesins at 9:00 a.m. Y OIJr C_ will. - ~.~ the liermiurion IJ)peal '-rina fTOIIl CllWICiI ~ to COWICiI meeIinI UDlil the crilninll chit,. - resolved, rben the termiJwirm Ippea\ bIIruta will ptoQeed Y 0lIr elient will re:naiII ..~ IInlila decillion jJ rcadlcd by the aty C'4lIIGiI... tile ~ appeal. Ittlle beew'l:! tmns .e as aareed, pIoue si8n tbe oriplaI oftbis Ielte.r with YOIAr c:tierll ancI rl!lllm it to ~ ollce IS SOOIl as pl.nsible. YO\IfI ~ WIy, SaG .oaTtt '0' ST..". IAN 81:"''''''1101110. CAlllf.RftlA 1%41'-00'1 ,...).....a.. JAAfES F. PENMAN, City "ttnmey e---~A . Rohett L. s:..._llla Sf. Assi!ltllllC City Attorney EXHIBIT A PAGE I ........""'......._.J.~, ~..... 90smlZ3e r-ISI P.93/Dl Job-12l Rollert Rma. EIIq ltiaag a: Greea lta: DullY" Towill. P"8e :z Marcb .15, 2000 -- ._ ._H_......._.._._.. - I .. fa tile... 1~:"1'l __..... allldftioJos. I COIICIII. /, , 'D1'lnA. .... ror bu8y', 7_i_. -'\ . ./': .~ ,I /I TOTA~ P. a~ [2 EXHIBIT ..LL- pAGE -~j,-- stac. of CaJifornia-8usineSli, '"ransportation and Housing Agency DEPARTMENT OF CALIFORNIA HIGHWAY PATROL 847 East Brier Drive . San llemanIino, CA 92408 (909) 383-4811 (800) 735-2929 (TTITDD) (800) 735-2922 (Voic;e) GRAY DAVIS, Governor . September 13,2000 ~ '....;:~~.." 'Ai ~~ FileNo.: 801.13303 SEP 1 v 2000 ~""Ir.: D..tr:' -::;~':"'::!'1 ............ <:;'v ~.4......"... Mr. Robert A. Ring Ring & Green Attorneys at Law 1900 Avenue of the Stars, Suite 2300 Los Angeles, California 90067 Dear Mr. Green: This letter is in response to the Danny's Tow appeal hearing held on yom behalf at the Inland Division office on September 12, 2000. I carefully considered the material and argument brought forth at the hearing. Additionally, I consulted with the San Bernardino Area Commander Larry Bamrick and Tow Officer Randy Costclow. I have determined that the terms of the decision rendered by the San Bernardino Area be amended. The following arc the stipulations regarding your reinstatement to the rotation: · You will be allowed to re-apply for the San Bernardino rotation after January 1, 2001. · You will be required to pass an inspection of your trucks, facility, and equipment before you are placed back on rotation. If you have any questions feel free to contact myself or Officer James Fonseca at (909) 928-4811. Sincerely, ~ro~\-Ilp Assistant Chief cc: Danny's Tow Service San Bernardino Area EXHfBITB PAGE -I . I I . I .1 I , I STATEMENT OF FACTS ...- ~~c; 01\18 , . IIWt ... uml......... ..........lIlIl... .4I-.r. u III ............,; 1 PURCHASED TaIS VEHICLB IN IT'HAS ROT BBBM DRIVER SINCE THE RIGI TION EXPIRED. 1 DO NOT RENMBRR 11110 I PURCHASED THB CAR FROM MID 1 HAVI sn' LOST ALL .'1'81 'AP.lutO.lt. THill ARE NO AGAINST T8IS'VIHICLI. THB VEHICLE IS VALUBD UMDER 1150.00. I """* ....... ........, .... _ .......... ... 011..10' .. - ....... 0........... .uII"~"", punN...............,... 1o....,RWy......-.. .."""'.......11......... ...1lIllIe velMllII CdIorllIe.IrlIIIIIaIU.n.... C....mItt.- .....- .... .......... Of ....... tie Ill..... Oft II ~ en. ..... , -IIIr ........ ~ fI ""/VIr.........,...." InIe 1fIII_ ='X~'0 . CllJ ...... 0aYIIme T....,hon. NultIIItt ( t " :~ SCHISIT -LPAGE.-L , -~., CRIMINAL CONVICTION D1SQUAUFICAOONS FOR ROTATION TOW oPERATORSn)RIVERS ,_ ~ERAL a. Li&lEld below is a synopsis of criminal convictions QDf1tained in C~ 7 as it rela18S to rat8tlon tow ~ and drivenllIppl)ling for or ~ng in the eatiomla HfghwaJ Patrol's (CHP'S) Taw Service. Aa._lment ~)- An operaltltldriver shall be J!jMmallently djsauallfled. for the fotlawlng offenseS: (1) Section 210.5 of1he Penal Code (PC) (dJ..ed in SeQion 667_5 PC) - False lhlpliloo..ment (2) sec:tion 217.1 pc. Assault Of ..,1pt8d murder of a ~ ofticer. (3) SectiOn 220 PC - Sexu81_uIt (4) Section 236 - 237 pC, Chapter 8 - False imprisonment (5) Section 240 - 247.5 PC, Chapter 9 - Assault and batteIy. (6) Section 261 PC . Rape. (7) Seclion 2S2 PC - Rape of spouse. (8) SectIoi1264-1 PC - Rape with the use of a foreign objed. (9) 5edion 266 (a) PC - Procurement by force or fraud. (10) Section 266 (j) PC - Procuremellt of child. (11) SectiOn 2ti1 PC - Abduction; person under 18 far the purpose of prostitution. (12) Section 288 PC -leWd or lascivious aC18 with a child under 14_ (13) Section 288.5 PC - Continuous sexual abuse of child. 00-1 ANNEX GG HPM81.2 EXH1BJT D PAGE I -J" ANNEX GG HPM 81.2 (1.) Seetion 280 PC - Per'...bation of aenital or anal opening by foreign ' . ., objed. (15) Section 311.3 PC - Sexual....ploitatiut, of child. (16) Section 111 OS.3 PC - Ally felony (F) oomriction or three rrMedemeancr (M) convic:tions of this section. (3) 667.5 PC . Prior prison 1eIm&; enhancement of prison terms for new otrenses as foI1ows: 1 Murder or voluntary manslaughter. 6 Mayhem. .3. Rape (Section 261 - 262 PC). ~ Sodomy by foroe, vioJence. duress, menace, or fear. ~ Oral copuJation by force, violence. duress. menace. or fear. ft L.ewd acts on child under 14 (Section 288 pC). Z Any felony punishable by death or lire in stale prison, ~ Arry felOny in whic:h the defendant inflicts areat bodily harm on another persDfI except accomplice. 9 Robbery. (b) Kidnapping - Chapter 3.2(11 PC - 210 PC. (e) False imprisOnment - Chapter 8, 236 PC - 237 PC. (d) False imprisonmentJhostages' 210.5 PC. (e) Assault and battery - Chapter 9, 240 PC - 247.5 PC. (1) Assault Dr auemptecl murder of a government officer - 217.1 PC. GG-2 ~YHIBIT 0 PAGE J... -J" (9) PI'OCl.RIn8nt by force 01' fraud - 266(8) pC (FJM). (h) Procurement of ehiId - 28B(j) PC (F). (i) Continuous sexuaJ abuse of chi~ - 2118.5 PC (F). (j) AaVl,.l esploitation of chi~ - 311.3 PC (M). b. The folloWing &haII.cI;-'- an apPlicant if the drug relr~d "","lSef listed hne occurred within tNe years. . (1) Three or mora drug related misdemeanor convictionS within fNe yeaTS of an appIkation for a CIIortificate. (2) Any drug l8Iated felony convIctlOn within five years of applicallon far a certificate. c. An operatorldtiYer shall be ~iBaualified for a conviction of the foIm. 1.'"19 if the violation occurred within the pnwlous seven years.. (1) Gross whicuIar manslaughter while i.lh..Wah:=d - 191.5 PC (F). (2) OUI causing quryldeath - 23153 VC (F), d. A proven history of convictionS for drilling under the jnftuence of aIOOhol and/or drugs aha. c,llwM..., an operatorldriver ftom the CHP latalion taw Ii&t. (1) Thrtle convictions of DUI within the pnwious seven years and tII'l'f consecutive DUI conviction. 23152 VC. e. The foil-v ring criminal violations shaa impose a ~r limitation for felonies (F) and a fill'e-year Ilm~ for misdemeanors (M) bI!Ifore an ".aIion for rotation taw may be considered. (1) Section 148 PC (M) - Resisting/delaying a peace otflcer. (2) Section 222 PC (F) . Administering drugs with the intent to commit felony. (3) Section 237.5 PC (F) - InfI"lCtion of injUry to spouse, cohabilee. or parent of child. ANNEX GG GG-3 HPM 81.2 IMI8IT D PAGE 3 -I., (4) Sedion 261-6 PC (FIM) - Statuto'Y rape. (5) Section 273(a) PC (F) . cruelty to child. (6) Section 273(d) PC (F) - Infliction of corporal punishment of child which results in lraumBtic cond"dions. m Sec:tion 417 PC (M) - Brandishing a firearm in a threatening manner, (8) Section 450 PC (F) -Arson. (9) Section 453 PC (MIf). Possession of tire bomb. (10) Section 459 PC (FIM) - Burglary. (11) Section 466 PC (M) - Possession ofburglmytools. (12) Section '"" PC (M) - Poss mion of deadly w sapon with intent to commit an assault. (13) SElction 470 PC (FJM) - Forgery. (14) Section 470(a) PC (M) - Reproduction or faIsiIlclItiOn of driver license or 10 card. (15) Section 47O(b) PC (M) - Display or poIl!sslon d reproduced or falsified driver \iCenSe of 10 card. (16) Section 477 PC (F) - Counterfeiting money. (17) Section 484(e) PC (F/M) - Theft of access care!. (18) Section 484(t) PC (FJM) - Forgery of access card orsignature. (19) Section 484(9) PC (FIM) . Fraudulent use of access card. (20) Sections 487 and 489 PC - Grand theft. including theft of firearm 487 PC (F); Grand theft of fireamJ, punishment 489 PC (F), (21) Section 496 PC (FJM) - Receiving stolen property. ANNt:X GG HPM 81.2 GG-4 EXH8IT D PAGE Lf (22) Section 503 PC (FlU) - Embeulemenl (23) Section 538(d) PC (M) - Fraudulent impelSOla.dion of peace ot'ficer. (24) Section 2800 VC (FlY) - Evading iI peilCe officer. (25) Section 10750 VC (M) - Altering, defacing, or repI:idng vehicle ide'llil'ylng runbers from another vehlcle. . (26) Section 10752 VC (M) - FI'iI&IduIent acquisition or disposition of OMV or CHP issued V~hicle 1dt,,1lif...a1iun Numbers (VIM). (27) Section 10851 VC (f) - Vehicle theft. (28) Section 20001 VC (F) . Hit and run collision causing injwyldll It,. GG-5 AHNet GG HPM81.2 EXH8JT -1l.PAGS 5 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Wayne Harp, Assistant Chief of Police Subject: Continue Appeal Hearing of Agreement For Tow Services Termination, Danny's Towing, to October 2, 2000 Dept: Police OR ' 1"1.. I "L 1~lni-t Date: July 18,2000 Synopsis of Previous Council action: On April 3, 2000, Mayor Valles and the Council continued the appeal hearing until June 5 2000. On June 5, 2000, Mayor Valles and the Council continued the appeal hearing until July 24 2000. On July 24, 2000, Mayor Valles and the Council continued the appeal hearing until September 5, 2000. Recommended motion: That the appeal hearing of Danny's Towing to be reinstated to the Police Department Tow Rotation be continued to QctM,2000. 4 ~ SIgna re Contact person: Lieutenant Roger Poyzer Phone: 384-5625 Supporting data attached: Ward: All FUNDING REQUIREMENTS: Amount Source: (Acct. No.) (Acct. Description) Finance Council Notes: VLo.~.b r; /s;4 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject Request to continue to October 2,2000, the appeal hearing of Danny's Towing to be reinstated to the Police Department Tow Rotation. Background On February 11, 2000, Mayor Valles gave notice, via personal service of a letter, to Danny Alcarez giving notice of the termination of the Agreement For Tow Services. On March 15,2000, Mayor Valles terminated Danny's Towing from the City's tow rotation due to major violations of the City's Agreement For Tow Services. The violations included the falsifying ofDMV documents, which resulted in felony criminal charges being filed by the San Bernardino County District Attorney's Office. The criminal case is adjudicated. On May 23, 2000, Danny A1carez pled nolo contendere, no contest, to a misdemeanor for violating California Vehicle Code g20, "making false statements to DMV". Under the terms ofthe plea agreement, Danny Alcarez paid $306 in fines and is on three years probation. Danny's Towing submitted a written notice of appeal to the City Clerk on March 14, 2000. Municipal Code 2.64.060 requires the City Clerk to promptly schedule the appeal on the Council agenda. Municipal Code 2.64.080 allows the Council to continue the appeal. This appeal was continued to July 24, 2000. On June 8, 2000, the California Highway Patrol (CHP) terminated Danny's Towing from the tow rotation. The termination is currently being appealed to the CHP Inland Division Commander. On July 18,2000, Robert Ring, the attorney for Danny's Towing, contacted the police department and requested that the appeal ofthe termination of the Agreement For Tow Services be continued to September 5, 2000. Danny's Towing request the continuance to allow for the completion of the appeal process at CHP. The department does not object to the continuance. On August 28, 2000, Robert Ring, the attorney for Danny's Towing, contacted Robert Simmons of the City Attorney's Office and requested that the appeal ofthe termination of the Agreement For Tow Services be continued to October 2, 2000. Danny's Towing request the continuance to allow for the completion of the appeal process at CHP. The department does not object to the continuance. Fiscal Impact None Recommendation That the appeal hearing of Danny's Towing to be reinstated to the Police Department Tow Rotation be continued to October 2, 2000. J3d- CITY CLERK'S OFFICE RAcHEL G. CLARK, CM.C. - CITY CLERK rr"!'ft.-v ~O. Box 1318. San Bernardino' CA 92402 " Street. San Bernardino' CA 92418-0001 909.384.5002. Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.cLsan-bernardino.ca.us ,. September 6, 2000 Robert Ring Ring & Green 1900 Avenue of the Stars, Ste. 2300 Los Angeles, CA 90067 Dear Mr. Ring: At the meeting of the Mayor and Common Council held on September 5, 2000, the following action was taken relative to the public hearing on the appeal of the agreement for Tow Service termination of Danny's Towing: That the hearing be continued to October 2,2000. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, G{~~lv-L b tt.u'<-Jc Rachel G. Clark, CMC City Clerk RC:ls cc: Police Department Danny A1carez, Danny's Towing, 2305 W. Highland Avenue, San Bernardino, CA 92405 CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity' Honesty C I T Y 0 f- San Bernardino RACHEL C L ARK CITY CLERK July 26, 2000 Robert Ring Ring & Green 1900 Avenue of the Stars, Ste. 2300 Los Angeles, CA 90067 Dear Mr. Ring: At the meeting of the Mayor and Common Council held on July 24, 2000, the following action was taken relative to the public hearing on the appeal of the agreement for Tow Service termination of Danny's Towing: That the hearing be continued to September 5,2000. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, ct-~J..d b. CL-<-A!c Rachel G. Clark, CMC City Clerk RC:ls cc: Police Department Danny Alcarez, Danny's Towing, 2305 W. Highland Avenue, San Bernardino, CA 92405 P. o. BOX 1318, SAN BERNARDINO, CA 82402 300 NORTH '0' STREET, SAN BERNARDINO, CALIFORNIA 92418.0001 (800)384.5002 (808)384-5102 FAX-(808)384-5158 TOD/TlY _(000)384-15540 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Police Or '/" 'II ~L nll~'lj.A Subjec Continue Appeal Hearing of Agreement For Tow Services Termination, Danny's Towing, to September 5, 2000 From: Wayne Harp, Assistant Chief of Police Date: July 18,2000 Synopsis of Previous Council action: On April 3, 2000, Mayor Valles and the Council continued the appeal hearing until June 5, 2000. On June 5, 2000, Mayor Valles and the Council continued the appeal hearing until July 24, 2000. Recommended motion: That the appeal hearing of Danny's Towing to be reinstated to the Police Department Tow Rotation be continued to September 5, 2000. ~Lf! Contact person: Lieutenant Roger Poyzer Phone: 384-5625 Supporting data attached: Ward: All FUNDING REQUIREMENTS: Amount Source: (Acct. No.) (Acct. Description) Finance Council Notes: Agenda Item NO~ 7/J.'1 /~IJ() . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject Request to continue to September 5, 2000, the appeal hearing of Danny's Towing to be reinstated to the Police Department Tow Rotation. Background On February 11,2000, Mayor Valles gave notice, via personal service ofa letter, to Danny Alcarez giving notice of the termination ofthe Agreement For Tow Services. On March 15,2000, Mayor Valles terminated Danny's Towing from the City's tow rotation due to major violations of the City's Agreement For Tow Services. The violations included the falsifYing ofDMV documents, which resulted in felony criminal charges being filed by the San Bernardino County District Attorney's Office. The criminal case is adjudicated. On May 23, 2000, Danny Alcarez pled nolo contendere, no contest, to a misdemeanor for violating California Vehicle Code 920, "making false statements to DMV". Under the terms of the plea agreement, Danny Alcarez paid $306 in fines and is on three years probation. Danny's Towing submitted a written notice of appeal to the City Clerk on March 14, 2000. Municipal Code 2.64.060 requires the City Clerk to promptly schedule the appeal on the Council agenda. Municipal Code 2.64.080 allows the Council to continue the appeal. This appeal was continued to July 24, 2000. On June 8, 2000, the California Highway Patrol (CHP) terminated Danny's Towing from the tow rotation. The termination is currently being appealed to the CHP Inland Division Commander. On July 18,2000, Robert Ring, the attorney for Danny's Towing, contacted the police department and requested that the appeal ofthe termination of the Agreement For Tow Services be continued to September 5, 2000. Danny's Towing request the continuance to allow for the completion of the appeal process at CHP. The department does not object to the continuance. Fiscal Impact None Recommendation That the appeal hearing of Danny's Towing to be reinstated to the Police Department Tow Rotation be continued to September 5, 2000. i CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Police Or""'I"'L Oi.....lliwr1 Subject: Continue Appeal Hearing of Agreement For Tow Services Termination, Danny's Towing, to July 24,2000 From: Lee Dean, Chief of Police Date: May 24, 2000 Synopsis of Previous Council action: On April 3, 2000, Mayor Valles and the Council continued the appeal hearing until June 5, 2000. Recommended motion: That the appeal hearing of Danny's Towing to be reinstated to the Police Department Tow Rotation List be continued to July 24, 2000. Q~a. Signature Contact person: Lieutenant Roger Poyzer Phone: 384-5625 Supporting data attached: Ward: All FUNDING REQUIREMENTS: Amount Source: (Acct. No.) (Acct. Description) Finance Council Notes: (,J5/~()/)o . Agenda Item NO~ . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject Request to continue to July 24, 2000, the appeal hearing of Danny's Towing to be reinstated to the Police Department Tow Rotation List. Background On March 15,2000, Mayor Valles terminated Danny's Towing from the City's tow rotation due to major violations of the City's Agreement For Tow Services. The violations included the falsifying of official documents, which resulted in felony criminal charges being filed by the San Bernardino County District Attorney's Office. The criminal case is presently proceeding through the court system. Danny's Towing submitted a written notice of appeal to the City Clerk on March 14, 2000. Municipal Code 2.64.060 requires the City Clerk to promptly schedule the appeal on the Council agenda. Municipal Code 2.64.080 allows the Council to continue the appeal. Danny's Towing has agreed to continue the appeal of the termination of the Agreement For Tow Services to July 24, 2000. Fiscal Impact None Recommendation That the appeal hearing of Danny's Towing to be reinstated to the Police Department Tow Rotation List be continued to July 24, 2000. -I CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION F.-om: Lee Dean, Chief of Po Ii ceO :- '. ~.. , . .. J Police h I ~.II .liL Subject: Continue Appeal Hearing of Agreement For Tow Services Termination, Danny's Towing, to June 5, 2000. Dept: Date: March 29, 2000 Synopsis oCPrevious Council action: None Recommended motion: Appeal hearing of Danny's Towing to be reinstated to the Police Department Tow List be continued to June 5, 2000 ~/ ~'~ 19nature Contact person: Lieutenant Roger Poyzer Phone: 384-5625 Supporting data attached: Ward: All FUNDING REQUIREMENTS: Amount: NI A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Y(oc1{ (/3/00 ___I CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Appeal Hearing of Agreement For Tow Services termination, Danny's Towing, be continued to June 5, 2000. Background: On March 15,2000 Mayor Valles terminated Danny's Towing from the City's tow rotation due to major violations of the City's Agreement for Tow Services. The violations included falsifYing official documents, which resulted in felony criminal charges being filed by the San Bernardino County District Attorney's Office. The criminal case is presently proceeding through the court system and it is unknown when the case will be adjudicated. Danny's Towing submitted a written notice of appeal to the City Clerk on March 14, 2000. Municipal Code 2.64.060 requires the City Clerk to promptly schedule the appeal on the Common Council agenda. Municipal Code 2.64.080 allows the Common Council to continue the appeal. Danny's Towing has agreed to continue the appeal ofthe termination ofthe Agreement For Tow Services until June 5, 2000. FinaucialImpact: None Recommendation: Appeal hearing of Danny's Towing to be reinstated to the Police Department Tow List be continued to June 5, 2000. , ..' 0-. 0.-- ------------------------ FOR OFFICE USE ONLY _ ___________ Departments Receiving Darerrimc Stamp: Co ies: , Origmal to: {' j,,1< '~, 0 ff-,~t'. RECEIVEO.-C\n CLEF~ '00 MR 14 p4 :28 Payment Information: Date of Distribution: t7 0 -{':r-(JlJ Account 001-000-4303 Clt'Y Ot' SAN BE:tmARDINO - N~EAL IMPORTANT INFORMATION: Pursuant to Council Action, all appealsio Mayor and Common Council and Board of Building Commissioners (BBC) must be filed in the City Clerk's Offu:e accompanied by the appropriate fee. .Comnlete All Information Appellant Name & Address: Danny's Towing; Danny Alcarez 2305 w. HiQh1arxi Avenue, San I3ernardi.m,CA 92405 Contact Person & Address: R:lllert Rim Rim & Green 1900 Avenue of the Stars, SUite 2300, Los Angeles, CA 90067 Contact Person Phone Number: Day: (310) 201-0777 Evening: Affected Property Address & APN # Tvoe of Anneal - Check One: Appeal to the Mayor & Common Council: ('" Fee Adjusted Annually) _ Planning Commission ("') _ Police Commission (No Charge) _ Access Appeals Board (No Charge) Appeals to Othel" Legislative Bodies: _ Board of Building'Commissioners ($75.00) _ Hearing Officer (No Charge) _ Other/Explain: (No Char2e) (continue next page) ~0/c0'd 9v~1 9SS 01~ 3:>1.::1.::10 Mtll c0:91 000c-vl-~~W , " 1\ VALJDAPPF.~S"'llNCLUDE THEFOJ.tOW1l\TG~OHMAllON (SRMC:!.6.a): i. ~ specific action ;;'ppeal~. and dale of lIIal action:_ .__ ._.__._ __ '_ ~:~:.ia..~_"'ith ~.'Y 11, 2000 letter of Ma~ Jucith Vlo11es. 1\#"n1i..~~~ c~ Aarh~.e.l'~ J.'ht- T(".W' SoY""'''';,..,. effeeti~ ~ 1" .;.rtOO-ln___.._ --..-.-- '-'---.. .--....-. .--. .... ---..... ..-...--, """--'.-, '-..- -.....- .-.-----. .--.......... '. ... lbe spa:itk grounds of 8IJPl!al: _. ._. __ -.--...-- A. 7t:e r".,,:ts do :X)t llUpport t.~ alleged v;nlations, .' - .----- .--.-. , ---'--- - .-".-. ~~. t:@%mi.r.J!rHnn J. ~ unr.rarr2.ntal and U~tI:"'~. ..-........-.-- C_ 'b.! City ha,s t~ial1.r.~..rest 11'1 -.urki.~ wi~h OMny'S~ing 81lC._~~l. gu,~i1v te.qt<iMtin! Ms Taw JlQ~. -..- ..'---' 3_ The actlons(s) souglll from the legislalive body:____ ._.._. -~_._._--- ---.,.--- .--. --- - ----_.~_._- ---..--- -.....---- 4. Any ~<Id itiu!1a1 infarlllalioll: -_._~- '---" ..----.----... .--- -- S.igna ,./) ~.~_ .."peI.. I:~:. i~_>;; A :;:.~__--- /(~;1L4. {(j L(./( _ Date: 1/14/0tJ ._ _ ._ Dar.ny AlC"..i1t:'" L1.s.L!.:'.pd~: 06/01/151518 1.;II.I-.!.1..: m/5::0'd 9175::1 9SS 015:: 3J L:I~O Mtll 5::0:91 000c-171-~tlW