HomeMy WebLinkAbout07.A- City Clerk DOC ID: 4237 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Information/Report
From: City Clerk M/CC Meeting Date: 12/21/2015
Prepared by: Jason Ewert, (909) 384-
5355
Dept: City Clerk Ward(s): All
Subject:
Council Action to Consider the Appeal of Nizar Milbes from a Decision of the San
Bernardino City Police Commission Upholding the Decision of the Chief of Police to
Deny the Application of Nizar Milbes for an Operator's Permit (#4237)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account
No.>>
Account Description: <<Insert Account Description>>
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Motion: 1. Accept Nizar Milbes' appeal of the Police Commission's decision
pursuant to San Bernardino Municipal Code Sections 5.82.210-
5.82.230 and schedule appeal hearing before the Mayor and Common
Council at the next regularly scheduled meeting of the Mayor and
Common Council on January 4, 2016.
OR
2. Deny Nizar Milbes' appeal of the Police Commission's decision for
failure to meet conditions permitting appeal under Section 5.82.240 of
the San Bernardino Municipal Code.
Synopsis of Previous Council Action:
N/A
Background:
On or about July 15, 2015, Nizar Milbes submitted an application for a Business
Operator Permit for Del Rosa Discount Mart, located at 2720 N. Del Rosa Ave, San
Bernardino, CA 92404. The business is an existing market that was recently acquired
by Mr. Milbes. For various reasons, that application for an operator's permit was denied
by the Chief of Police and Mr. Milbes filed an appeal to the San Bernardino Police
Commission.
On or about, September 14, 2015, an appeal hearing was conducted before the San
Bernardino Police Commission to review the decision of the Chief of Police denying Mr.
Milbes application for an Operator's Permit. Nizar Milbes was present throughout the
hearing. The Police Department was represented at the hearing by CSO II Stephanie
I I....1-4-A. 4n/4�/nn4 c L..fl--__---- ,,,-:_:,, -..__.. „ I Packet Pa. 739
4237
Battle and Deputy City Attorney, Jason Ewert. The Police Commission received
documents submitted by both parties, heard the testimony of the witnesses, and
examined the proofs offered by the parties.
By unanimous vote of the Police Commissioners who heard the matter, the Police
Commission found that Nizar Milbes violated laws or regulations in a governmental
quasi-judicial proceeding when the facts underlying such proceeding or conviction
showing a nexus between the crime or violation and the particular business operations
or indicate a lack of qualities essential to protect the public health, safety and welfare.
The Police Commission also found that Nizar Milbes knowingly made false or
misleading statements of fact in his application for an operators permits. That decision
became final on November 9, 2015 and was sent to Mr. Milbes on Novembeer 16,
2015.
Appeal to the Mayor and Common Council:
On or about November 30, 2015, Mr. Milbes submitted a timely appeal of the decision of
the Police Commission under section 5.82.220 of the San Bernardino Municipal Code
("SBMC"). That appeal was submitted in writing and met the requirements of section
5.82.120 of the SBMC. Accordingly, the City Clerk placed the appeal on the Mayor and
Common Council agenda for the limited purpose of determining whether the Mayor and
Common Council will hear the appeal.
Pursuant to section 5.82.240 of the SBMC, "The Mayor and Common Council may
accept an appeal for hearing when any of the following conditions exist:
A. The appellant was denied the opportunity to make a full and complete
presentation to the Police Commission.
B. New evidence is now available that was not available at the time of the Police
Commission hearing.
C. The Police Commission's decision was arbitrary and capricious because
inadequate evidence was presented to the Commission to support its decision."
A. Mr. Milbes was present for the entire hearing before the Police Commission on
September 14, 2015, and was not denied the opportunity to make a full and complete
presentation to the Commission. Therefore, an appeal under subsection A is not
appropriate.
B. Mr. Milbes provided several attachments in his appeal packet that was submitted to
the City on November 30, 2015. A copy of that packet is attached as Nizar
Milbes.Appeal. None of the information submitted by Mr. Milbes is new evidence that
was not available at the time of the Police Commission hearing.
C. During Mr. Milbes presentation at the Police Commission hearing, he admitted to
having signed documents under penalty of perjury that he did not read. Mr. Milbes
admits in his appeal packet that his answers to questions on Application were
incomplete/inaccurate due to mistakes by the preparer. He also admits that he was not
f 0--ira
4237
the preparer of documents that were submitted under penalty of perjury. The Police
Commission heard testimony at the Commission appeal hearing concerning these
issues and made the determination the application should be denied based on the
criteria contained in sections 5.82.050(A) & (C) of the SBMC.
Staff Recommendation:
Due to the fact that Mr. Milbes failed to show that he is entitled to an appeal pursuant to
any of the provisions of section 5.82.240 of the SBMC, the Mayor and Common Council
should not accept the appeal of Nizar Milbes from the decision of the Police
Commission upholding the decision of the Chief of Police to deny the application of
Nizar Milbes for an operator's permit.
Supporting Documents:
Findings and Statementof Decision; Notice of Right to Appeal (PDF)
Nizar Milbes.Appeal (PDF)
Q
1 BEFORE THE POLICE COMMISSION
OF THE CITY OF SAN BERNARDINO
2 y
d
3
4 In the Matter of the Appeal Hearing of ) FINDINGS AND STATEMENT OF N
DECISION; NOTICE OF RIGHT z
5 ) TO APPEAL c
NIZAR MILBES ) d
6 ) Q
7
C
8 The above-captioned Appeal Hearing of the Police Chief s denial of the application for
cc
9
an Operator's Permit submitted by Nizar Milbes for the business located at 2720 N. Del Rosa
10 p
Avenue, San Bernardino, CA 92404 came on for Hearing on September 14, 2015, before the
11 ~
M
Police Commission of the City of San Bernardino at the San Bernardino Police Department,
12
710 North"D" Street, San Bernardino, CA 92418. a
13 CL
Q
0
14 Nizar Milbes was present throughout the Hearing. The Police Department was
a�
15 �
represented at the Hearing by CSO II Stephanie Battle and Jason Ewert, Deputy City Attorney. c
16 t
The Police Commission received documents submitted by both parties, heard the testimony of o
17 Z
the witnesses, and examined the proofs offered by the parties, and the cause was submitted for o
18 N
19 decision. Accordingly, the Police Commission being fully advised makes these Findings and o
0
20 Statement of Decision. 0
a�
E
21 FINDINGS N
22 The Police Commission hereby finds that:
N
23 1. On or about July 15, 2015, Nizar Milbes (hereafter "Mr. Milbes") submitted an c
24 application for a Business Operator Permit, pursuant to San Bernardino Municipal Code u
25 Chapter 5.82, for Del Rosa Discount Mart located at 2720 N. Del Rosa Avenue, in San
s
*► 26 Bernardino, CA 92404. The business is an existing market recently acquired by Mr. c
Q
27 Milbes.
28
1
1 2. On this application, in response to the question "Have you ever used another name?"
2 Mr. Milbes checked the box "No". This statement is false. On his California Driver's
a�
3 License,it lists his name as Milbes Nizar Abdel Karim,with an AKA: Karim Nizar A.
L
4 3. On this application, Mr. Milbes listed "Puerto Rico, USA" as his Place of Birth. This N
z
5 statement is false. On the Request for Live Scan Service Application Forms, he listed his o
R
a�
6 place of birth as"Jordan". a
7 4. On this application, Mr. Milbes listed Empire Security as his present employer. This
8 statement is false. At the interview conducted by the Police Department on August 5, 2015, o
a
9 Mr. Milbes stated that he did not work for Empire Security at that time. E
L
10 5. On this application, in response to the question "Have you ever been found guilty or o
11 plead guilty to any crime?" Mr. Milbes listed two Misdemeanor criminal convictions, M
N
d'
12 "Carrying concealed firearm" in 2000, and Battery in 2006. This statement is false in that
13 at the Hearing, Mr. Milbes admitted to having the following four Misdemeanor convictions: C
Nww 14 gun possession - 2000; battery—2005; driving without a license —2006; and disturbing the °
15 peace—2007.
0
16 6. On this application, above Mr. Milbes' signature is the statement: "I DECLARE, 0
17 UNDER THE PENALTY OF PERJURY, THAT THIS APPLICATION HAS BEEN z
E
18 EXAMINED BY ME AND TO THE BEST OF MY KNOWLEDGE AND BELIEF IS A 2
19 TRUE, CORRECT AND COMPLETE STATEMENT OF FACTS. I UNDERSTAND o
2
20 FALSIFICATION OF ANY STATEMENT MAY RESULT IN THE DENIAL OF AN
E
21 OPERATOR'S PERMIT." This statement is false. At the Hearing, Mr. Milbes admitted R
Cn
22 that the escrow agent completed his Application for the Operator's Permit after he signed a =
23 blank copy. c
24 7. The Chief of Police denied Mr. Milbes' Application for an Operator Permit based C
U-
21 upon San Bernardino Municipal Code Sections 5.82.050 (A) and (C),which states:
E
26 The Chief of Police shall consider any relevant factual material relating to such applicant, and
shall recommend the issuance of an Operator's Permit as required by this Chapter only upon Q
27 finding that:
28
2
Packet Pii:,743
C
lob
1 A. During the ten (10) years immediately preceding the date of the application,
the applicant has not . . . been found in violation of laws or a regulation in a
2 governmental quasi-judicial proceeding when the facts underlying such proceeding N
3 or conviction show a nexus between the crime or violation and the particular
business operations or indicate the lack of qualities essential to protect the public
4 health, safety and welfare in operations under the permit; N
B. z
5 C. The applicant has not knowingly made any false, misleading or fraudulent c
statement of fact in the permit application process, or on any document required by Q
6 the City in conjunction therewith; . . . . a
Q
7
$ CONCLUSIONS o
9 1. The Police Commission finds that Nizar Milbes has violated laws or =
E
L
10 regulations in a governmental quasi-judicial proceeding when the facts underlying such a
0
11 Proceeding or conviction show a nexus between the crime or violation and the particular ti
M
N
business operations or indicate the lack of qualities essential to protect the public health, safety !tV
12
13 and welfare in operations under the permit. SBMC 5.82.050(A) a
Q
14 2. The Police Commission finds that Nizar Milbes has knowingly made false o
15 or misleading statements of fact in his Application for an Operator's Permit. SBMC P
16 5.82.050(C)
0
17 STATEMENT OF DECISION z
E
0
18 By a unanimous vote of the Police Commissioners who heard this matter, the Police .y
a�
19 Commission of the City of San Bernardino does hereby order as follows: o
r
20 The decision of the Chief of Police to deny the application of Nizar Milbes for an
as
21 Operator's Permit for the business located at 2720 N. Del Rosa Avenue, San Bernardino, is N
22 upheld. M
23 DATED: > ,2015 c
M
r-
24 APPROVED: l U.
25 1 I a�i
usanna Sandoval, Recording Secretary
26 San Bernardino Police Commission
27
28
3
Packet Pa:744
1
NOTICE OF RIGHT TO APPEAL
2 N
PLEASE TAKE NOTICE that the right to appeal the decision of the Police
3 g
4 Commission in this matter is governed by the following provisions of the San Bernardino N
z
4-
5 Municipal Code: 0
as
6 a
7
5.82.210 Right of appeal to Mayor and Common Council ¢
8 The permittee [applicant] or the Chief of Police may appeal the Police Commission's c
decision to the Mayor and Common Council by filing a written notice of appeal with the City
9 Clerk directed to the Mayor and Common Council. E
L
d
10 p
11 5.82.220 Notice of appeal—Time limit M
N
12 Any such notice of appeal shall not be valid and shall not be acted upon unless filed
within ten calendar days after the date of the action or decision which is being appealed. a
13 a
0
14 5.82.230 Notice of appeal—Contents
15
The notice of appeal shall be in writing and shall contain the same information as set c
16 forth under Section 5.82.120.
0
17 z
E
5.82.240 Public hearing may be held 0
18 M
19 When an appeal in the proper form has been filed with the City Clerk,the City Clerk o
shall promptly place the appeal on the Mayor and Common Council agenda for the limited 2
20 purpose of determining whether the Mayor and Common Council will hear the appeal. The E
Mayor and Common Council may accept an appeal for hearing when any of the following
r
21 conditions exist:
22 A. The appellant was denied the opportunity to make a full and complete presentation to c
23 the Police Commission.
V
24 B. New evidence is now available that was not available at the time of the Police ;S
Commission hearing.
25
C. The Police Commission's decision was arbitrary and capricious because inadequate
26 evidence was presented to the Commission to support its decision.
¢
27
28
4
1 5.82.250 Schedule hearing
2 If the Mayor and Common Council determine that an appeal should be heard,the
3 appeal shall be scheduled for hearing at the next regularly scheduled meeting of the Mayor and �
Common Council.
L
4 "'
z
4-
5 5.82.120 Notice of appeal–Contents 0
R
as
6 The notice of appeal shall be in writing and shall set forth(a)the specific action Q
7 appealed from; (b)the specific grounds of appeal; and(c)the relief or action sought from the
Police Commission [Mayor and Common Council]. In the event any notice of appeal fails to
8 set forth any information required by this section,the City Clerk shall return the same to the o
appellant with a statement of the respects in which it is deficient, and the appellant shall c
9 thereafter be allowed five calendar days in which to perfect and refile his notice of appeal. E
ai
10 (D
12
4)
CL
13
Q
0
14
as
15
0
16
0
17 z
E
0
18
19
0
c
20 E
d
21
22
N
23 c
24 ii
25 4)
26 cva
r
Q
27
28
5
Packet P ' -
7.A.b
j
CITE' OF SAN BERNARDINO
APPEAL FORM ►i` ; ;- r
&ce Use Only 7015 N0
Copies Distributed To: ' r'. �.y
City Attorney []City Manager
Date:�11 r b0 124- K- `((` 7"n .,tt ,� tF•-
IMPORTANT INFORMATION: All appeals to the Mayor and Common Council, Board of
Building Commissioners (BBC) and Animal Control Commission must be filed in the City
Clerk's Office.
���r
,
v
N_
Z
Appellant nn o
Name: e,S a
a
' Q
Address: 1 a 5 S 1 UQ }o CA �i D
c
Contact Person °
Y
Name: It Ue.", 1tJ s�- `t.5 h . E
L
d
Adress: 65c) �• � ,ter a- . _ r, .� GA 5-2�Ll0 1?, in
Day Phone: o 41 Fax: u`1 S ID n V67 N
M
mot'
Evening Phone: 0)0 S It 1 t a— E-mail: A s«t , W ta, a ow
a�
CAM a
a
Affected Property Address: P-,D Su- ,�,�,
a
Assessor's Parcel Number(APN#}:
Whose Decision Are You Appealing: o r� ` pe�,5�e��,,; z
Date of that Decision:
E
s
11x`�iyzt'�
S 9 �?p(,`. iy
ro u
Zt^'.��5't C�ly'(iv¢4\ ;„t'\U:, •,1 �
❑Board of Building Commissioners—$75.00 ❑Animal Control Commission -$75.00
Sjj�layor and Common Council• $75.00*
❑Planning Commission—Fee Adjusted Annually r -No Charge i
*Note: Appeals to the Mayor and Common Council can only be from the Planning Commission and Police Commission. !
City of San Bernardino-City Clerk's Office-300 N."D"Street- San Bernardino,CA 92418 -(909)384-5002
�....1...� n... 7A7
7.A,b.
k:� f\ � .i' ��.N\ ��Tni ` ) Vl i �M1� ,\t '1 �-•.�4Y1 t , �� ..a 1 ��SS[" '+C47,3��4 �{
+-.� a.�F �i s.[k 3° is :lYlk� `54fi-a k\ - �:�� ..�,•. .... �._ :.!rk.��J.., �.�1.�\Yv�lti�i S..N,s...:.�.��iYF.,;'�1;.�'n.E'�' ���1: >;v.s. '{.g5�1PrYi1��*v'�'�t�'.
. The action appealed:
i
2. The grounds for appeal:
L
z
0
a�
0.
Q
c
0
3. The action(s) sought: ! c
N
d'
R
CL
Q.
Q
N
N
4. Any additional information:
L
N_
Z
rj
C
d
E
V
R
w
a+
Q
.. � Y _-`.•� \a .++" 1\ � ?. st y K[\ .v fi�i.:: a k,kl� �F'�"� .�,m y � m`a5tkk'��' y\�?��CS�fi.\-"t..� c { $.:..^'�
Packet Pg.748-
Facts Supporting Appeal of Police Commission Denial—Nizar Milbes
Operator's Permit, Del Rosa Discount Mart, 2720 Del Rosa Avenue
1. Complete Name- I did not intend to give a false answer to the Police Commission
regarding my name. My driver's license states my name as: Milbes Nizar Abdel Karim.
Milbes is listed as my last name, and my middle name is listed as Abdel Karim. Because
my first and last names are listed on my driver's license—I did not consider the addition
of my two middle names to be a different name.
2. Birthplace- I was born in Puerto Rico, USA not in Jordan. A friend filled out the
Request for Live Scan Service Application form for me. By mistake,he listed"Jordan" z
as my place of birth. The Live Scan Application form does not require my signature—so c
I was not able to correct the mistake before the form was submitted. a
Q
3. Employment- On July 15,2015 my Escrow Officer listed my employer as Empire
Security. On August 5th,when interviewed by the Police Department,I told the Officer c
that I had recently stopped working for Empire because I was preparing to operate the
Discount Store. E
4. Criminal Background—I did not intend to mislead anyone on the Application for
Operator Permit. I made a mistake in asking the Escrow Officer who handled my M
purchase of the business, Del Rosa Discount Mart, to complete the form(which I had
previously signed to facilitate a speedy submittal). The question on the Application is 'a 4)
"have you ever been found guilty or plead guilty to any crime"and my incomplete a
response (on the Application)was .5
N
• carrying concealed firearm—misdemeanor 2000, and
• battery—misdemeanor 2006"
L
R
N
During the Police Department Investigation, I corrected this error and advised the Police Z
representative that interviewed me on August 5th that I had 3 misdemeanor convictions— a
E
Two crimes occurred more than 10 years ago:
Q
• 2000 arrest for carrying concealed firearm (when I was 18 yrs old),
• 2005 battery (dispute with retailer regarding furniture refund) (I was 23 yrs old),
Two crimes occurred in the past 10 years:
• 2006 driving without a license -infraction, (I do not think of this as a
"conviction"), and
1218-264--1990839.1
1 O�n4n!0n 7AO
• 2007 disturbing the peace (the original charge was"drunk in public" but when I
went to court the charge was reduced to disturbing the peace—which I thought
was an infraction, which is why I did not list it on the Application)
I told the Policewoman that I made a mistake on the Application. I corrected the error
during the Investigation. During the Interview,the Policewoman asked me the same
questions again and again—in the style of an interrogation. I found this style to be odd. I
repeated the same answers to her questions, but I grew frustrated by her style. I had just
spent $125,000 to purchase the business and did not understand that by correcting the N
information on the Application,the Police would deem my previous incomplete answers c
to be "false". Based on the information on the Livescan,the Policewoman told me that
L
the 2006 and 2007 tickets I received were convictions not misdemeanors. I now know N
that I made a mistake on the Application but since I corrected it during the Investigation -
(with the help of the Policewoman) I do not agree that my honest mistake on the i
Application qualifies as intentionally false or misleading. a
a
As explanation, I told the Police Commission during my Appeal hearing:
c
0
• The earliest incident(carrying a concealed firearm in 2000) occurred when I was
18 years old.
• The"battery" incident occurred more than 10 years ago when I lost my temper 0
after being refused a refund by a nasty manager at a furniture store. o
• I did not intend to mislead her regarding the 2006 ticket for driving without a
license and the 2007 incident regarding disturbing the peace. I thought both
tickets were infractions and did not realize they were misdemeanors until the �a
Interview on August 5`h. I corrected this omission when asked by the Police a
representative during the interview on August 5`h. y
5. Signature Under Penalty of Perjury - I signed the Operator's Application in the
L
Escrow Officer's office and asked her to submit it based on information I provided to her N
b telephone. I listed the concealed firearm incident in 2000 and the battery Z
y p ry incident in
2006 on the Applications because I recalled being found guilty of those charges. The
later incidents—the ticket for driving without a license and for disturbing the peace—I
left out because I thought the incidents were infractions not misdemeanors. Most a
laymen do not think of a traffic ticket or a charge that was later dropped(for disturbing
the peace) as a"conviction".
1218-264--1980839.1
pat--kp+tin�7r%n
Conclusion:
Recent Life Changinu Events:
In the past ten years,the following three incidents have had a significant impact on my view
of myself.
(i) My Father passed away in 2014,
(ii) My older brother passed away in 2012,and
(iii) I got married in 2012, and now have an 8 month-old son. n
I purchased the store for myself,my wife and son but also for my mother(53 years old)and
my brother(20 years old).
N
Z
I did not intentionally omit the 2006 and 2007 crimes on the Application. As discussed c
above, I thought the 2006 ticket was an infraction and did not realize it counted as a a
conviction. I also thought"disturbing the peace" was not a conviction because it began as a a
drunk in public charge but was reduced to disturbing the peace when it was determined that I
was not drunk. I voluntarily corrected the list of crimes during the Investigation—so the c
error was short lived.
c
Demonstrated Responsible Behavior for Almost a Decade: I submitted evidence of my d
responsible work ethic to the Police Commission,please see page 2 of the Appeal, attached o
as Exhibit"A". This evidence includes:
M
N
tt
(i) Business License from City of Downey for Excell—Private Investigations
(ii) Public Health Operating Permit from County of Los Angeles for Retail a
Food Market in Torrance (the convenience store my family previously
Q
sold to Muti Alkaraki) a
(iii) DMV Vehicle Dealer Registration Card for Excell Auto Broker
(iv) Letters confirming my competence as a private investigator from the
following professionals: Z
i. Matthew Kaestner, Attorney at Law in Long Beach
ii. Mischa Safdie, Private Investigator in West Covina and E
iii. Eldridge Moore, Silent Night Detective Agency in Hawaiian
Gardens Q
iv.
Prior Owner Currently Operating the Store: Although I closed escrow to purchase the
business on August 19, 2015 (see Buyer's Final Settlement Statement attached to the Appeal
as Exhibit"E", because the Operator's Permit was denied,the previous owner has agreed to
continue operating the store until I obtain an Operator's Permit or sell the business.
1218-264-1960839.1
P't'-kp4 Pa_751
SUPPLEMENTAL STATEMENT
IN DEFENSE OF MR. NIZAR MILBES
This Appeal pertains to a denial to my Operator's Permit Application by the City of San
Bernardino. Said denial was based pursuant to San Bernardino Municipal Code Sections
5.82.050(a) and 5.82.050(c).
PERTINENT BACKGROUND INFORMATION:
• When I purchased the Del Rosa Discount Mart from Mr. Nidal Phabata, the escrow ,^
agent, Ms. Linda Cooper completed the Application for Operator Permit after I signed a
blank copy. Prior to submitting the Application to the City,Ms. Copper telephoned me to
ask me whether I had been guilty of any crimes in the past. I answered in the positive and N
listed the respective items for her completion. z
• When the City was processing my Application, a police officer telephoned me to ask 0
about which crimes I had been guilty in the past and I was 100% honest with the officer, Q
relaying to him all of the respective items. Q
• Despite the date of the letter,on August 23, 2015,I received the City's denial letter.
0
SAN BERNARDINO MUNICIPAL CODE SECTION 5.82.050(x):
_
E
• Convictions at issue: 1) Misdemeanor gun possession—2000; ;
2) Misdemeanor battery—2005; o
3)Misdemeanor driving without a license—2006; and ti
4) Misdemeanor disturbing the peace—2007. 04
• All convictions involve extenuating circumstances and were a result of my pleading no
contest due to a lack of proper legal defense. a
• The most recent conviction was 8 years ago and I have not violated any laws in almost 10
years.
• My convictions DO NOT indicate a lack of qualities essential to protect the public health,
tv
safety, and welfare in operations under the permit because none of the crimes for which I z
plead "no contest" are crimes of "moral turpitude," which is defined as a crime that c
shocks the public conscience as being inherently base, vile, or depraved, contrary to the s
rules of morality and the duties owed between man and man, either one's fellow man or
w
society in general. Furthermore,the misdemeanors in my youth DO NOT involve any Q
fraud, or crimes against society, or any behavior which would put the public shopping at
my market in any risk. Quite the opposite, the most serious violations: the gun possession
and battery charges were as a result of circumstances involving self defense and the
defense of others.
• Thus, there is NO nexus between the crimes in my early adult years and the operating of
a discount market.
• I have never committed a fraud upon another person.
J
SAN BERNARDINO MUNICIPAL CODE SECTION 5.82.050(E l:
I admit the answer as to past crimes on the Application was incomplete due to a mistake by the
preparer, NEVERTHELESS, once the detective interviewed me over the phone, I was 100%
honest with him and disclosed all the convictions on my record. My intent was/is never to hide
the truth from the City.
DEMONSTRATED RESPONSIBLE BEHAVIOR FOR ALMOST A DECADE:
My background check for my private investigator's license has been approved.
• I have held my Business License for the City of Downey without issue or incident for
over 8 years. I have never had any issues, violations or any problems what so ever. See
Attachment"A."
® I have held a Grocery Operator's Permit for the City of Lakewood without issue or �
incident for over 3 years. This was around 2003-2006 ,I have also owned and operated a z
Car Dealership for some years. See Attachment"B." —
As a private investigator for the past _8_ years, I have served the public with integrity
and reliability. I have passed my exam and in order for the Bureau of Security and a
Investigative Services to allow you to take the Exam you have to Pass there criminal a
Background check See Attachment"D" W
e I have worked with business professionals in the community who know me to be a person o
of good character. See Attachment
• I Would also like to add that I have invested close to $200,000( my whole life savings) E
in Del Rosa Discount Mart. I have also completed all necessary step from the escrow to
the health department. That being said I take this very seriously and will never attempt to 0
jeopardize this business license if you approve it. See attachment"E" M
N
d'
CONCLUSION:
a�
I am an upstanding citizen who has worked very hard the past ten years to be a productive and a
successful member of society. As an honest businessman, I want nothing more than to operate a
high quality discount mart where the public may shop for quality products at a more than
reasonable price. I have put my life's savings towards the purchase of the Del Rosa Discount
Mart. Therefore, even if my Operator's Permit is approved on a probationary basis, I am willing N
to demonstrate to the City of San Bernardino and the public at large that I am qualified to operate Z
my discount mart,as I shall do so with integrity and adherence to the law.
E
R
a
0 1.-4-a Tr-0
CITY OF DOWNEY
FINANCE DEPARTMENT
11111 Brookshire Avenue. • Post Office Box 7016 - Downey, CA 90241
TEL (562.) 904-7246 - FAX(562) 904-7270 - www.downeyca.org
PUBLIC INFORMATION RECORD Q�
DBA: EXCELL
Business Name:
Location Address: 8105 SECOND ST
DOWNEY,CA 90241
Mail Attention, v
m
Mailing Address: 8105 SECOND ST 2
DOWNEY,CA 90241
L
Phone: (562)869-5566 N
Z
Ownership: Sole Proprietorship o
Account No.: 253943 License No: 253943
CL
License Issued: 111/2015 License Expires: 12/3112015 Q
ai
Business Status: Approved License Status: Active
c
O
Start Date: 10104(2008 Close Date:
c
Location: Inside Location Type: E
Rate Type(STD): Services for Hire
ti
M
Business Type: investigation Services C14
NAIL Description: Investigation Services
at
SIC Description: Investigators, Private Q
Owner: NIZAR MiLBES TITLE: Owner
m
CITY OF DOWNEY S gNESM REGISTRATION Z
The person,firm or corporation below named is hereby registered to engage in,carry on or conduct in the City of Downey, California,the business
trade, Galling,profession,exhibition or occupation described below for the period indicated. Granting of the registration does not entitle the holder to,
operate or maintain a business in violation of any other law or ordinance. E
U
BUSINESS NAME: EXCELL ACCOUNT NUMBER: 253943
LICENSE DESCRIPTION:Investigation Services EFFECTIVE DATE: January 1,2015 Q
BUSINESS LOCATION: 8105 SECOND ST EXPIRATION DATE: December 31, 2015
OWNER: NIZAR MILBES
EXCELL
Downq
$105 SECOND STt;Fi;F, •
DOWNEY, CA 90241
- zois
NOT TRANSFERABLE Director of Finance
REPORT CHANGES OF ADDRESS,OWNERSHIP,OR ACTIVITY POST THIS CERTIFICATE IN A CONSPICUOUS PLACE
!'[iftteU Z711 1i4V j .'• r,,,
Packet Pa. 754
IN
SJ t a1}a a}F psi U`0u x� t% 3 }1w� u�y3
\ti. v11 :° `�t�tr�
?
/ —i 4ix�''dfar }%tt�-s� t"�l`ti'i r •i�i24 Y'u�' dyy F1 �'
it-
(�
LA
Id
N
CL
w t lYt 1 t} c>
C , i
Q/'l
a cr
E'KceH Auto, Broker Excel Auto
NEW or USED Cars Woof NEW or USED Cars ���Ce1'
Dealer r,�r« 'f��r.�.f E�:r� 4.:, 1J ✓sSdEe , Olt Wholesaie
#1101-19 l't'�a° aw'i l'(141 riga Xl.� #101-199918 rih e l
991$ Nl2ar Milbes
Fully Bonded&Insured Fully� Bd d d&Ibes
T611 Free(888}781.77'7.5 "` Toll Free(888)781-7775 Insured
Direct(S62)569-3389 Direct(562)569-3384
303 l'l 6lenoaks Blvd.,Ste 1.105,
' 303 N.Glen oaks Blvd.,Ste 1,105
Burbsnk,CA 91502-3272 Burbank,CA 91502-3272
rrww.axrellautobuys.corri www.excellautobuys.com
..:..............
sT,� at~cal.la> h� i� .w..._._._.,....°__._.. ....._ N
dlwaaR T�Ekf of Mofoti WhICLES z
PERMANENT REGISTRATION CARD
VEHICLE D C
EALER CL
CL Date Issued: 05/02/11 License No. 48180 Q
This permanent registration card steal[ be signed and Plate No. 001A
special plate, pursuant to 5 0
action 11715(f)of the California V hicle Code vehicle w }'
ISSUED EXCELL when operated with a
AUTO SALES �
70 427 N PHILADELPHIA ST E
ANAHEIM CA 92805
d
ti
M
1 hereby certify i have read and understand the information contained in 7T
.t �J the attached
document,
�
k.. o.
y
d
L
N
.b+
1
'4 tZ 1 t .so 0191.l < E Z3 0 901T
8ttl ' �'t=ti '.*f} `t 6: 'goal r StM3 ;:z G
o1 %quind elep ac R
Q
i
5D9Z6 V3 WI3HyNV
HIS1HM 1S VIHdl3QVlIHd N LZt,
S31VS of nv 1133X3
WOO dtJit,I9A alWopleo 4,GI;V.Z.'1Slr1d
94WO eu1 e:l pare;eisrp PuP pool p e t;e s aso..StL '�tr,,a g�;BOiput P�s.�d ot� �. �...
I I O Z ' IT :33a A3ma Lm,,vj d,- TM
I I aZ `LZ ?�dv
831V3a 313IH3A
N
Packet Pa.756
September, 10 2015
Matthew Kaestner, Attorney
Certified Criminal Law Specialist
Long Beach's Criminal Law Specialist
One World Trade Center
Suite 800
Long Beach, California 90831
Phone: 562-437-0200
Fax: 562-983-8041
Email: mkaestner @earthlink.net —
L
N_
Z
My Name is Matthew Kaestner. I am Long Beach's criminal law specialist, I am certified by the Board of o
Legal Specialization of the State Bar of California as a criminal law specialist. The practice is dedicated solely
to the defense of criminal cases. There are only 4 criminal law specialists with offices in Long Beach, only 69 aa)
in all of Los Angeles County. (Data as of February 2013) a
Q
I have fought criminal law cases for over 27 years. My vast experience includes successfully defending
clients facing virtually every type of criminal charge including: capital murder, major drug trafficking, white
collar crime, third strikes, as well serious misdemeanors, I have handled high publicity cases as well as C
those where privacy and discretion are the paramount concerns of the client.
E
The purpose of my letter is to provide a reference for Mr. Nizar Milbes. I am a extremely busy person ,
however having knowledge of Nizar Milbes for many years I wanted to share my personal experiences with 0
him a explain his ambitions as I have known about him. I have known Nizar for over 10 years. We first met
while he was marketing his service as a private Investigator. Early on, his lack of experience prevent me to r
give him and is partner any work. His ambition in investigative work and desire to learn how to investigate N
criminal case Intrigued me. After he referred several clients to me , we became rather close. Early in 2003, I
started working with him and gave him small assignments. He was very eager to work with attorneys and
get in the field with investigating crimes. He started out locating witnesses for our firm. Later, he and his m
firm Excell Investigations started interviewing witness, conducted background checks and many other simple a
investigations for cases that are state appointed. We still use the service of Mr. Milbes and excel Q
investigations to assist us in our proceedings. Mr.Nizar Milbes is an professional and is very dedicate to his
career, During our years of working together I have got to know Mr. Milbes not only on a professional level
but also on a personal level. I have been over to his home for dinners and he has also been to my home. We
have met each other families and I would describe him as a very positive, trust worthy, and reliable person
that takes his business very seriously. I highly recommend that you give him a chance to prove himself in N
your community and I am sure he will not disappoint you. Z
c
m
E
U
cC
r
w
Q
Matthew Kaestner
Par_kat Pn_ 757
i� IA
MISCHA SAFDIE' 136 N. GRAND
PRIVATE INVESTIGATOR hID AVE., STE. 278
State of California License 0012232 WEST COVTNA,CA 91791
A FULL SERVICE AGENCY Office{951)696-3936
offices in west Covina&Palm S Fax E760}699.3521
National and International Service Pte'CA Email: MSPIOt17SI@AOL.COM
WEDSITE:WWW.RrVERSlDElt4VESTIGATOR.COM
August 29,2012
L
To Whom it May Concern: z
Re:MIL®E$,Ntzar o
Zi
Q
My name is Mischa Stuhler-Saf lie'. 1 am currently a State of califomia licensed investigator Q
operating my own agency and have done so silica 1987 without Interruption and prior to that I
was a supervisor of another firm for four(4)years.
c
0
I began my investigative career by working In the U.S.Army Office of the Provost Marshal,
Serious incident Section at the U.S.Army tumpean intelligence Command Granter in Heidelberg,
Germany where I worked in an Intelligence administration position while attached to the X42
Military Police Group,Customs. 4)
Currently I work on all type of Cases, both civil and criminal. Many are high profile cases and
have led me to become well known with articles written on mein magazines and major
newspapers,as wall as being featured on all major television networks in the United States. in v
addition,l have worked as a subversive terrorist consultant,on a professional basis;for over 29
years.
CL
is
m
In addition to my above bio,i am an ordained Christian minister,holding Credentials through the
a
Independent Assemblies of God, International. I air also lowish by blrih. i was txzrn in `t
F atenta rg, W,Germany, rely father was a Syrian Jew who had rekx ated to Belgium. My mother
was German with a Jewish heritage. I was later adopted by my stepfather and my name was
changed to Michael Stuhler. My stepfather was also a Jew. After I became an adult and In about
1992:1 legally changed by name back to my birth name. You are welcome to confirm much of this ca
Information In bins located on my ministry wabsite of v_u +w rrll&cha fdieminletrieu ccu►J and my z
professional business website of www.fi►erseitloator + +
r
c
The purpose of this letter and above bin Is to ley the ground work for this letter of reference an E
behalf of Mr.Nizar Milbes.
I have had the pleasure of knowing and being well acquainted with Mr.Milbes now for several a
years. We have worked,on past ocCasfons and sdll sometimes work together on cases and
referrals in the private investigation industry. We have partnered on several civil investigations,
so I am aware that he has performed private investigation under the license of another firm, has
marketers that-particular firm for business for several years and that he is accumulating hours so
that he might obtain his own Califomia state license in the future, l have dealt with him in
monetary issues, business matters 85 well as socially and as such, I am proud to be able to say
that he is a personal friend of mine as well as a business associate.
Packet Pa. 758,
SILENT NIGHT DETECTIVE AGE_NCY
ELRIDGE MOORE
P.O.BOX 1438
HAWAIIAN GARDENS,CA. 90716
(323)602-7834
FAX(909)481-6169 N
d
September 20,2012 LIC. #PI 12685 N
z
0
ca
m
RE :NIZAR MILBES Q
a�
To whom it may concern, o
c
My name is Elridge Moore, I am a licensed Private Investigator and have been since E
1988. In 1990 I became a member of the Los Angeles Panel Of Criminal Defense —1
Investigators,working appointed criminal cases for the Los Angeles Superior Courts. I o
am also a certified surveillance investigator for insurance companies in Civil and
Workers Compensation cases receiving my training at MJM Investigation,Inc. in Raleigh
Durham,North Carolina.
a�
Q.
It is with great pleasure for me to provide this letter of reference for Mr.Nizar Milbes, a Q
man whom I have had the opportunity to work with in numerous investigation ventures
for the past 3 years.Nizar has continually shown an eagerness to learn and share in the -�
American dream "that all men can find success with perseverance,hard work and a
L
loyalty to the principals that this country stands for. N
z
Nizar has always shown a sense of integrity and honesty and at no time have I ever
doubted his intentions or had any suspicions of his agenda. I have spent many hours s
showing him the ins and outs of the investigation business and he has displayed a great
feel for the industry paying close attention to detail and an appetite to reach the desired Q
result in all our cases.
I would appeal to those concerned to give this man an opportunity to prove that he can
be a very valued and productive member of our society. As an African American man of
Native American heritage as well,I can understand the challenges of discrimination
based on ones ethnicity and feel that we should never condemn a person solely out of
fear and misunderstanding.
Packet pa.739.
INLAND 12794 Central Avenue
EMPIRE Chino, CA 91710(909) 591- 37
ESCROW Fax (909) 902-1619
EMAIL: Linda @inlandempireescrow.com
AMENDED
BUYER'S FINAL SETTLEMENT STATEMENT
BUSINESS 2720 Del Rosa Ave. DATE: August 18, 2015
LOCATION: San Bernardino, CA 92404
POSSESSION DATE: July 1, 2015
m
BUSINESS Del Rosa Discount Mart CLOSING DATE: July 8, 2015 :2
NAME:
L
BUYER: Nizar Milbes ESCROW NO.: 55325-LC Z
4-
0
DEBITS CREDITS E
FINANCIAL CONSIDERATION Q
Total Allocation 125,000.00
Furniture, Fixtures & Equipment 10,000.00 Q
Goodwill 10,000.00
Inventory of Stock on Hand 105,000.00 0
Deposit from Nizar Milbes -initial deposit 1,000.00
Deposit from Nizar Milbes -closing funds 19,000.00 =
Deposit from Nizar Milbes-closing funds 2,500,00 E
New 1 st Security Agreement-Nidal Barakat Mahmoud Thabata 105,000.00
0
PRORATION SIADJUSTMENTS "
ti
Sales Tax Adjustment F & E$10,000 @ 8.25% 825.00 N
!t
OTHER DEBITSICREDITS
Daily Journal Corporation Payment of publishing Notice 168.42 a
SunDoc Filings Payment of collateral search 85.00 a
San Bemardino County Tax Collector 124.42 Q
Payment of 2015 personal property
Secretary of the State of California UCC Division 5.00
Payment of filing fees UCC-1 Financing Statement L
N
ESCROW CHARGES -Inland Empire Escrow, Inc. z
Escrow Fee 700.00
Recording Notice Fees 12.50
Total Refund $204.08 + $375.58 579.66 v
d
TOTAL_ $ 127,500.00 $ 127,500.00
SAVE THIS STATEMENT FOR INCOME TAX PURPOSES
Pal cket Pa.. 760
Escrow No. 55325-LC
EXHIBIT"A"
Furniture, Fixtures and Equipment
Dal Rosa Discount Mart
2720 Del Rosa Ave,, San Bernardino, CA 92404
1 -Walk-in Cooler
1 -Reach-In Cddler
L
2-Cash Registers Z
0
1 -Fax Machine
a�
0.
1 -Security System, with cameras and monitor C
1 -ice Maker
c
1 - Key Machine
c
1 -Ice storage Freezer E
a�
5-Lines of two-sided Shelves o
ti
M
N
t0
d
CL
Q
SP_LLC-PIS: BUYERS, avi
Nidai Barakat Mahmoud Thabata -'zar Mifbes
L
N_
Z
C
d
E
t
v
to
Y
Q
E• LOAD THIS DIRECTION,THIS SIDE UPi
r W< < ....
C -
E� 0 m x
ru
C 0- -"m -1
..
0
m.m'i. '•..i O
Off+.',
mom_ 3DES 'ts
amen i-- -,
v�
- _ ._
o'RAE
� g a aryr � -�7 9 fir• 4�C�•;.,y.,. v
ru i.. Cr: .i� C.•-.i N
Crill
3m03 n i Q3 Cr .
B_ _ 'A• .. a
Azm 9 �_ �• to S C�ti4::. N
"if tl
i20 •`_t: t yam' n th
CD `»� rS L.i
uL F
}4;e -R
4" me go
i Q
4 SO ,s
rg
�.. n/
20 v e '^} Y `m. ''s'• C a
y= 4- %0
�--� d
-00 do 3GIS SIHl`NO1103aI0 SIHl 0107 mm N
E
d
Q
Q
N
d
L
N_
Z
r.i
C
N
s
Q
PAYMENT DATE City of San Bernardino BATCH NO.
11I30/2015 300 North D" 2016-05001 Street _
COLLECTION STATION San Bernardino, CA 9241$-0001 RECEIPT NO.
Jackie Shook 2016-00007477
iIVED FROM CASHIER
i.._JR MILBIS Jackie Shook
DESCRIPTION
APPEAL TO MAYOR AND COMMON COUNCIL
I Z55rl E . t�B,)vxo_ C,r cNe-
Re Z Cb 17er1 �C.San, pkvp_
RECEIPT DESCRIPTION
CC-Misc Permits City Clerk Misc Permits $75.00
APPEAL TO MAYOR AND COMMON COUNCIL
Total Cash $0.00
Total Check $75.00
L
Total Charge $0.00 N
Total Other $0.00 Z
Total Remitted $75.00 -
Change $0.00 .
Total Received $75.00 a
Q.
Q
d
c
0
ea
c
E
L
Q
M
N
d'
4)
Q
Q
Q
N
N
N
Z
c
N
E
111:p
t
v
R
w
Q
Total Amount: $75.0
Panp 1 of 1 11130/