HomeMy WebLinkAbout23- City clerk CITY OF SAN BERN,._ &DINO - REQUEST FC 1 COUNCIL ACTION
From: Lee Gagnon Subject: Appeal. Decision by Bureau of Franchises
Business Registration Supervisor to place Loma Linda Towing on Police
Dept: City Clerk Department Towing Rotation List
Date: April 10, 1995
Synopsis of Previous Council action:
Previously, Common Council has approved four towing companies to be placed on the Police
Department Towing Rotation List.
Recommended motion:
Mayor to open hearing.
Motion l: That the hearing be closed.
Motion 2: The Mayor and Common Council uphold the decision of the Bureau of
Franchises allowing Loma Linda Towing to be placed on the Police
Department Rotation List provided they meet conditions previously
set forth on March 14, 1995.
or
Motion 3: The Mayor and Common Council reverse the Bureau of Franchises decision
and deny the addition of Loma Linda Towing to the Police Department
Rotation List. -
Signature
Contact person: Lee Gagnon Phone: 5036
Supporting data attached: YES Ward: 3
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
A--- - - ., All
CITY OF SAN BERNARJINO - REQUEST F06 COUNCIL ACTION
STAFF REPORT
At their meeting of March 14 , 1995 the Bureau of Franchise
received the attached Petition for Franchise Permit, attached as
exhibit "A" from Loma Linda Towing, 1915 South Tippecanoe, San
Bernardino, CA. 92408, requesting to be placed on the Police
Department towing rotation list.
An inspection of the Loma Linda Towing premises was conducted on
March 13 , 1995. All towing carrier requirements as set forth in
Municipal Code Section 5.76. 540 were met except two as indicated in
attached memorandum of March 14 , 1995, attached as exhibit "B" . The
two provisions not met were SBMC Section 5.76. 540, subsection A, A
minimum of twelve inside storage spaces for vehicles and SBMC
Section 5.76. 540, subsection D - No vehicles shall be left parked
or stored on the public streets at any time. At the time of the
inspection one damaged vehicle was parked on the street adjacent to
the towing facility.
On March 9 , 1995 Sgt. J.Aragon with the San Bernardino Police
Department submitted a memorandum relative to the adequacy of
service currently rendered by the Tow Companies on the rotation
list. A copy of that memorandum is attached as exhibit "C" .
After a presentation by Mr. Gil Lara, agent for Loma Linda
Towing, and a presentation by the owner, Mr. Leopold Wenzel, the
members of the bureau reviewed the attached documents.
A motion was made by Mr. Michael Beauregard, seconded by
Mr. Alfredo Enciso and unanimously carried, that Loma Linda Towing
be placed on the Police Department rotation list within 90 to 120
days if they meet all Municipal Code provisions as set forth in MC
Section 5.76.540 including twelve inside storage spaces for
vehicles.
On March 29, 1995 an appeal was filed by the law firm of Thomas
Luebs and Mort on behalf of Tri City Towing, Inc. , Al Wilson
Service Inc. , and Big Z Auto Works who are currently on the Police
Department Rotation List.
The grounds for the appeal were that no evidence was submitted
to support the conclusion that public convenience and necessity
require the issuance of additional permits for towing vehicles in
response to police calls. The appeal document is attached as
exhibit "D" .
CITY OF SAN BERNARDINO
PETITION FOR FRANCHISE PERdIT
Z. TYPE OF F&NNCHISE REQUESTED C-) k_Q
PRINCIPAL'S NAME -: iJ (_ IIBUSINESS PHONE qU
L 74(,-7G'E y
NAI-E OF BUSINESS A L n A v
ADDRESS 01' BUSINESS G 15 l C'f'- C�rvGF: SAS £t�►..Aeo��c, , 4ayG
STREET CITY ZIP CODE
OWNER'S RESIDENCE ^fir, F p C C�a t� '-^� RE,>�QN� q�37 3 HOME PHONE
STREET CITY ZIP CODE
II. IF FILING AS PARTNERSHIP, ASSOCIATION OR UNINCORPORATED COMPANY, COMPLETE THE
FOLLOWING I14FORr4ATION BY LIS:'ING THE NAMES OF THE PARTNERS OR PERSONS COMPRISING
THE PARTNERSHIP, ASSOCIATION OR CO14PA14Y TOGETHER WITH THEIR RESPECTIVE AGES IN
ADDITION TO PART I.
NAME AGE
2.
3.
4.
CORPORATION (IF FILING AS CORPORATION, COMPLETE FOLLOWING INFORMAT'T" TAT
ADDITION TO PART I.)
NAME OF CORPORATI-:i DATE ' INCORPORATION
PLACE OF INCORPORATION
ADDRESS OF PRINCIPAL PLACE OF BUSINESS
STREET
CITY ZIP CODE
NAMES OF OFFICERS
NAME RESIDENCE ADDRESS STREET CITY ZIP CODE
1.
2.
3.
4.
(IF ADDITIONAL SPACE NEEDED, USE SEPERATE SHEET)
EXHIBIT "A"
IV: "EHICLES
TYPE. MODEL.CAPACITY AND _ONDITION OF VEIIICLES PROPOSED BE OPERATED UNDER
THIS FRANCHISE.
t)9 F� t�� Svat,Zn� Cc•,.,hc -
eG !PC)M\->
7 1 r -`SCO C M h e Yy-�
(IF ADDITIONAL SPACE NEEDED, USE SEPERATE SHEET)
V. INSURANCE n
NAME OF INSURANCE COMPANY 2. r� � }C r� �P 2 � Y`)S v nor C C\�
DESCRIPTION OF CO'IERAGF. ECQ,oco S L
�j / POLICY DATE 9- 3G
�
(INCLUDE COPY OF IISURANCE COVERAu PATH TI S� 71TI3�17� ti* �J-D✓'' �I S
VI. STATEMENT OF ASSETS AND LIABILITIES J� f�
THE i-LTITIONER IS REQUIRED TO ATTACH A FULL STATEMENT OF HIS ASSETS AND LIABILITIES.
VII. DESCRIPTION OF OPERATION
IN THE SPACE PROVIDED BELOW DESCRIBE. THE OPERATION YOU ARE REQUESTING TO
FRANCHISE AS WELL AS ANY OTHER INFORMATIOPI YOU FEEL WILL HELP THE FRANCHISE
BOARD 2V.KE A DETERMINATION WITH RESPECT TO APPROVING YOUR PETITION FOR A
FRANCHISE PERMIT.
--
VIII. FILING PROCEDURE. AND FEE
PETITION IS TO BE FILED WITH THE CITY CLERK, BUSINESS LICENSE DIVISION,
ATTENTION BUSINESS LICENSE SUPERVISOR, 300 NORTH "C" STREET, SAN BERNARDINO,
CALIFORNIA 92418. AT OR BEFORE THE TIME THIS PETITION IS FILED WITH THE
FRANCHISE BUREAU, THE PETITIONER SHALL PAY TO THE CITY OF SAN BER7APDINO A
FILING FEE OF $500.00, PLUS $10.00 FOR EACH VEHICLE PROPOSED TO BE COVERED
BY THE PERMIT. (THIS IS NOT A BUSINESS LICENSE FEE)
PLEASE READ AND SIGN:
T CERTIFY THAT Alt STATANTS IN THIS PETITION APE TRUE, ACCURATE AND COMPLETE.
FALSIFICATIOII OF STnf4AY RESULT IN THE CANCELLATION Ul"'
SIGNATURE DATE 'q
/ EXHIBIT "A"
DATE INVOICE AMOUNT 16-W
LOMA LINDA AUTO SALES 1220
LOMA LINDA AUTO ELECTRIC
LOMA LINDA TOWING 15493
1915 S. TIPPECANOE AVE.
SAN BERNARDINO. CA. 92408
909.796-7084
PAY— ✓^ IN � DOLLARS
a DAT TO THE ORDER OF DESCRIPTION CHECK AMOUNT
FICA FED WITH SDI ST WITH
BANK OF AMERICA-LOMA LINDA BR. #1113
P.O. BOX 907, LOMA LINDA. CA. 92354
11201SL,9311' 1: 1 2 200066 11: LLL33-0899Gila
CTL Y OF SAN BERNAL-.DINO BUSINESS REGISTRArm CERTIFICi I•I:
"'"R"""' CERTIFICATE Ng 2 0 9�
t W�til SR:�5F.Nf'J11 Pl.1 H NI GL ti I d K:AI C I IOL S'.CQ t.01L/�f E h IE��:./•:.CFc KA-
110`!:c fI IIS eJ`;IIIFF,,Af IINa LtlATIOI: 01 ow:,APPROVALS e1 OTHER CIT
GEPAFi1M(i•.1S.SU(:H A•,PI.AWAW,AND SOLZJU i S--'ACES.VAr E!E REOLIIF.EG
F,,ry n.crnulaN Gt.:N:tils.Ira-.:I/• 7:•1..:.Ve% n ts'..ad w IIF>A WA-l"Ton
M.,41nl.e,+!dt..d!•is 11•t1L.r.1 to fv I-x.-o{:a IIWO:,,. W.:.c SWd of Ctlf•Lrl a Cash Receipt Number: 72849
GE•�SW�J Tt+L Sut.whi I.%Wl•M e.-:4v nm,M•1;I IIrt1r,ll I4rlWdl NCI ICCCI.-M A/dnllY.:-
ft:It 1w 1o.:,, If ry.ialr Will A .yy C
3C,V,-s no lae cxp!..uz',i-w vx,.v „4S g:•Ad:Y rn1 CC nixuA Leer 30 a./-- J 1 Jai! 95
"ti:irsx ..:�Kr1r:n.nnr •.IIII-.a ..:rlv.walla:u,v.h��.r'..rcl,rt.•.Se'l.C�C�OiC CERTIF'CA'=EY.PIRES
•-(AI.: j VEHICLE REPAIR ��rzDNT 023895 - FEE s
;;E'AT S
A Z CODE 0 -ffL�LT
f , S
M;4.:r•�. P1.TE � / f�1'G•
LEOPOLD WENZEL TOTAL S
LOMA LINDA AUTO ELECTRIC & �• ;�• ;::� ��: CF THE
v,IAt
TOWING
i' r'c,r:RK
1915 S TIPPECANOE -AV
SAN BERNARDINO, CA�.g12409 ►�
PHOTOCOPIES NOT.VAUD
a rq Tv G F=x
111 T14(tl,lW1.fS.w an[MILLS•FC Cwt♦m trw••r�r
EXHIBIT "A"
GARAGE COVERAGE FORM NONDEALERS DECLARATIONS
PAGE I OF 1
(� 1994-1995 RENEWAL
Company Numbers If this endorsement is issued conwrrent'y N.tn we pol•cy.the Anscnmg Clause need not be CW,peted. Endt Nc C/,S R0008
I -Rehance Insurance Computny Issued by Co No. EMect,ve Dace I lnsured Add.,onai Pttm.jrr
2 °Planet Insurance Company 1 09-30-94 LOMA LINDA AUTO & TOWING s
6- United Pacific Insurance Company
8-Reliance insurance Co of Illinois Ptemr m Aftacned to and tormrng pan of Policy No. Countersigned by IAumor.aeo Representauvei Return Pre mjr.
,oauai SG2532178 3
FAn fern It and conamons of Ina policy rem:r unchanged e+Lepf as amended oy:n-s endorsement uoearred Ptenrutn Factor►
WHERE DFD. IS SHOWN BELOW, IT SHALL MEAN DEDUCTIBLE.
ITEM TWO: SCHEDULE OF COVERAGES AND COVERED AUTOS
THIS POLICY PROVIDES ONLY THOSE COVERAGES WHERE A CHARGE 1S SHOWN IN THE
PREMIUM COLUMN BELOW. EACH OF THESE COVERAGES WILL .APPLY ONLY TO THOSE
AUTOS SIIOWN AS COVERED AUTOS. *AUTOS ARE SHOWN AS COVERED AUTOS FOR A
PARTICULAR COVERAGE BY THE ENTRY OF ONE OR MORE OF THE SYMBOLS FROM THE
COVE RED AUTO SECTION OF THE GARAC,E COVERAGE FORM NEXT TO THE NAME OF THE
COVERAGE. ENTRY OF A SYMBOL NEXT TO LIABILITY PROVIDES COVERAGE FOR GARAGE
OPERATIONS.
COVERAGES COVERED t LIMITS - THE MOST WE PREMIUM
AUTOS* WILL PAY FOR ANY ONE
ACCIDENT OR LOSS
L.IABILI'IY _ 27. 28 . 29 SEE ENDORSEMENT 013 (GARAGE) S 8 . 109
PERSONAE, INJURY SEPARATELY STATED IN S
PROTECTION (OR EACH P.I.P. ENDORSEMENT
EQUIVALENT NO- MINUS S DED.
FAULT COVERAGE:)
MEDICAL PAYMENTS S S
UNINSURED 27 S 60 , 000 S 66
MOTOR IS'I
UNDERINSURED S S
MOTORISTS (WHEN
NOT INCLUDED IN
UNINSURED MOTOR-
IST COVERAGE)
GARAGEKL PERS S *** EACH LOCATION S
COMPREHENSIVE MINUS S *** DED. FOR EACH
COVERAGE COVERED AUTO FOR LOSS CAUSED
BY THEFT OR MISCHIEF OR
SPECIFIED VANDALISM SUBJECT TO S *** S
CAUSES OF LOSS 30 MAXIMUM DED. FOR ALL SUCH 750
COVERAGE: LOSS IN ANY ONE EVENT
COLLISION S *** EACH LOCATION $
COVERAOF 30 MINUS S *** DED. FOR EACH 75G
COVERED AUTO
*** SEE: ENDORSEMENT #14 (GARAGE) EXHIBIT "A"
GARAGE COVERAGE FORM NONDEALERS DECLARATIONS
PAGE 2OF4
1994 – 1995 RENEWAL
Company Numbers It tn,s 6ridorsement is rasueo concurreruv an the policy the AUCNng Ciause need not be cornweted. Endt No CAS R0008
i Reliance Insurance Company Issued by Co Nc. Lttectrve Date Insured Addmona+Pre.Tym
2-Pfafiat Insurance Company 1 09-30-94 LOb1A LINDA AUTO & TOWING s
6=United Pacific Insurance Company —
8=Reliance Insurance Co-of Illinois ❑ PrMuum A.lacheJ go and lum.nq part of Po icy.No Ca,nterslgne0 by IAUVtinied Representalwei P—-n Prem.-M
ifl SG2532178 s
ro coda
III t6rma and c.rddl6Gs el Ine policy remLn unchanged t+t2b1 a5 as ende0 by trrl!CnCGr3erhenI. Ur.,,rne0 Cremwm FaclGr►
COVERAGES COVERED LIMITS - THE MOST WE PREMIUM
AUTOS* WILL PAY FOR ANY ONE
ACCIDENT OR LOSS
PHYSICAL DAMAGE: 27 ACTUAL S 11000 DED. FOR
CASH EACH COVERED AUTO
COMPREHENSIVE VALUE BUT NO DED. APPLIES S 684
COVERAGE OR TO LOSS CAUSED BY
COST FIRE OR LIGHTNING."
--
' OF --
SPECIFIED REPAIR S DED. FUR S
CAUSES OF WHICH- EACH COVERED AUTO
LOSS COVERAGE EVER LOSS CAUSED BY M1S-
IS CHIEF OR VANDALISM."
LESS
COLLISION 27 MINUS S 1 , 000 DED. FOR S 1,596
COVERAGE. EACH COVERED AUTO."
TOWING AND LABOR S FOR EACH DISABLEMENT S
OF A PRIVATE PASSENGER AUTO
S
PREMIUM FOR ENDORSENIENIS S
ESTIMATED TOTAL PREMIUM 11 , 955
ENTRY OF' ONE OR MORE OF THE SYMBOLS FROM THE COVERED .AUTO SECTION OF THE
GARAGE COVERAGE FORM SHOWS WHICH AUTOS ARE COVERED AUTOS.
'•
SEE SUPPL.FMENTARY SCHEDULE FOR AUTOS HELD FOR SALE OR LEASE BY NON-DEALERS
OR TRAILER DEALERS (ITEM 10).
ITEM THREE: LOCATIONS WHERE YOU CONDUCT GARAGE OPERATIONS:
LOCATION NUMBER ONE (YOUR MAIN BUSINESS LOCATION)
1915 SOUTH TIPPECANOE, SAN BERNARDINO, CA 92408
( ) IF CIIF.CKF.D, SEE SUPPLEMENTAL DECLARATIONS (CASR7008) FORMING
X PAR"] OF TIIIS POLICY AT ISSUANCE FOR INFORMATION AND COVERAGES
APPLIC'ABI-E TO ADDITIONAL LOCATIONS.
ITEM FOUR: LIABILITY COVERAGE—PAYROLL RATING BASIS FOR YOUR PREMISES AND
OPERATIONS AND NONOWNED AUTOS USED IN YOUR BUSINESS. REFER TO ITEM SIX
FOR *11IF LIABILITY PREMIUMS FOR THE COVERED AUTOS YOU HIRE OR BORROW.
REFER TO ITEM SEVEN FOR COVERED AUTOS YOU OWN.
LOCATION NUMBER ONE: EXHIBIT "A"
ESTIMATED PAYROLL RATE PER 5100 OF PAYROLL PREMIUM
S 11' ANY S FLAT CHARGE IS 600
GARAGE COVERAGE FORM NONDEALERS DECLARATIONS
1994 — 1995 RENEWAL PAGE 3 OF 4
Company Numbers It th,s endorsement a rssuod concu%enry w•m V.e POI)Cv.the AtuchiN Clause neeo not ea ccrnpveeeo. Endt No CA S R0008
1 -Retrance Insurance Company Issues oy Co No EAttachea va 0:•e t roo
2=Planet Insurance Company Addrbona.Pre,n,r,
6=United Pacilic Insurance Company 1 09-30—9 4 LOP•lA LINDA AUTO & TOWING s
8 Relfanee Insurance Co.of III s'remwn. to and brm.ng pan of Po,fcy No Countersigned by f:.�u,cnred Represernauve� Peturn Prem,„m'
oa�dd 2532178
_ s
All terms and condtt.ons of 1110 oGrcy rema.n unchanged eAceot as amended oy in,$eod2rse.aam Une:rred Premium factor V.
ITEM FIVE: GARAGEKEEPERS COVERAGES AND PREMIUMS.
LOCATION NUMBER ONE:
LIMITS OF INSURANCE FOR EACH LOCATION (ABSENCE OF A
COVERAGES LIMIT OR DED. BELOW MEANS THAT THE CORRESPONDING
ITEM TWO LIMIT OR DED. APPLIES)
COMPREHENSIVE S *** MINUS *** DED. FOR EACH COVERED
AUTO FOR LOSS CAUSED BY THEFT OR MISCHIFF OR VANDALISM
SPECIFIED CAUSES OF SUBJECT TO S *** MAXIMUM DED. FOR ALL SUCH LOSS
LOSS IN ANY ONE EVENT
COLLISION _ S *** MINUS S *** DED. FOR EACH COVERED Alll'j
PREMIUM 1'UR COMPREHENSIVE WT COVERED
ALL LOCATIONS SPECIFIED CAUSES OF LOSS S INCLUDED
COLLISION S INCLUDED
GARAGF.KEF.PERS COVERAGE APPLIES WITHOUT REGARD TO YOUR Olt ANY OTHER INSURED
LEGAL LIABIIA I Y' FOR LOSS TO A COVERED AUTO AND IS PRIMARY INSURANCE.
ITEM SIX SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS
LIABILITY COVERAGE .— RATING BASIS, COST OF HIRE*
STATE. ESTIMATED COST RATE PER EACH FACTOR (IF LIAB.
OF IIIRE S100 COST OF HIRE COV. IS PRIMARY) PREMIUM
CA 11' ANY FLAT CHARGE S INCLUDED
COST OF HIRE MEANS THE TOTAL AMOUNT YOU INCUR FOR THE HIRE OF AUTOS YOU
DON'T OWN (!SOT INCLUDING AUTOS YOU BORROW OR RENT FROM YOUR EMPLOYEES
OR THEIR FAMILY MEMBERS). COST OF HIRE DOES NOT INCLUDE CHARGES FOR
SERVICES PERFORMED BY MOTOR CARRIERS OF PROPERTY OR PASSENGERS.
' IF MORE THAN ONE STATE APPLIES, SEE SUPPLEMENTAL SCHEDULE CASR7002
FORMING A PART OF THIS POLICY AT ISSUANCE.
ITEM SEVEN: SCHEDULE OF COVERED AUTOS YOU OWN — SEE CASR 7003
FORMING A PART OF THIS POLICY AT ISSUANCE. IF APPLICABLE.
ITEM EIGHT: 'MEDICAL PAYMENTS COVERAGE. PREMISES AND OPERATION — NONOWNED
AUTOS USED IN YOUR BUSINESS. REFER TO ITEM SEVEN FOR MEDICAL PAYMENTS
PREMIUMS FOR COVERED AUTOS YOU OWN.
*** err ""nnpCvMr1T 41 1d (( P F T G x`1
EXHIBIT "A"
GARAGE COVERAGE FORM NONDEALERS DECLARATIO'N'S
PAGE 4OF4
1994 — 1995 RENEWAL
Company Numbers If the enoursemcra is issued concurrently—th the Po cy.Ine Ahach-ng GIaise neeo not be compietem Endl No CA S R0008 _
1 =Reliance insurance Company Issued by Cc tic Eftect:ye Date Insureo Addisonal Fe--Lm
2_Planet Insurance Company 1 09-30-94] LOMA LINDA AUTO & TOWING s
6=United Pacific Insurance Company
B=Reliance Insurance Co.of Illinois D Premwn, Anached to and form ng part of Poocy No Countersigned by fAutnvnZed Representauvel Return Prim
toauat SG2532178 s
fallrs and condarCns of the Policy rerr,i r.unchangeo e+cept as amerleo Dr this er C6rseTent. Urearneo Premium Factor►
COVERAGE PREMIUM DETERMINATION PRE,IMIUM
PREMISES & OPERATIONS MEDICAL 9c OF THE LIABILITY PREMIUM S
PAYMENTS (DOES NOT APPLY TO NOT COVEREL
BODILY INJURY CAUSED BY ANY
AUTO)
LOSS PAYEE -- ANY LOSS 1S PAYABLE AS INTEREST MAY APPEAR TO YOU AND:
FORMS AND ENDORSEMENTS FORMING A PART OF THIS POLICY AT ISSUANCE:
CA0005 GARAGE COVERAGE FORM
CA2514 BROADENED COVERAGES GARAGE
CA0143 CALIFORNIA CHANGES
CA2154 CALIFORNIA UNINSURED MOTORISTS BODILY INJURY
CABP8131 CALIFORNIA CHANGES—CANCELLATION AND NONRENEWAL
CA2001 CALIFORNIA UNINSURED MOTORISTS BODILY INJURY
CASR7003 FLEET AUTO SCHEDULE
CASR7004 SCHEDULE OF LOSS PAYEES
CASR7008 SUPPLEMENTAL DECLARATIONS
ENDORSEMENT #2 (GARAGE) STATED AMOUNT
ENDORSEMENT #4 (GARAGE) ABSOLUTE POLLUTION EXCLUSION
ENDORSEMENT #5 (GARAGE) ASBESTOS EXCLUSION
ENDORSEMENT 46 (GARAGE) EXCLUSION—ERRORS AND OMISSIONS
ENDORSEMENT #8 (GARAGE) PUNITIVE; DAMAGES EXCLUSION
ENDORSEMENT #9 (GARAGE) EXCLUSION—OCCUPATIONAL DISEASE
ENDORSEMENT 010 (GARAGE) SEXUAL MISCONDUCT EXCLUSION
ENDORSEMENT #11 (GARAGE) BLANKET ADDITIONAL INSURED
ENDORSEMENT #13 (GARAGE:) LIABILITY LIMITS ENDORSEMENT
ENDORSEMENT #14 (GARAGE) CHANGES IN GARAGE COVERAGE FORM—VARAGEKEEPERS INS.
ENDORSEMENT #I15 (GARAGE) EXCLUSION—EMPLOYMENT RELATED OFFENSES
ENDORSEMENT 016 (GARAGE) DEDUCTIBLE LIABILITY COVERAGE
CASR8533 REDUCTION/REJECTION U M A IFOR •1A)
COUNTERSIGNED 1U�t�`{^�� BY
(LA1 L) tnV • l"VN1L a..i✓ "♦v/ a♦LJ G.� ,>
EXHIBIT "A"
BABCOCK INSURANCE SERVICE
ROBERT A. STORELEE
300 Military West,S!e. 302
5 f P E 1Y.'l PETE P,.,
LEO AND MARIA WENZEL
Redlands, California
We have compiled the accompanying statement of financial condition of Leo and Maria
Wenzel as of November 30, 1994 in accordance with Statements on Standards for
Accounting and Review Services issued by the American Institute of Certified Public
Accountants.
A compilation is limited to presenting in the form of financial statements information that is
the representation of the individuals whose financial statements are presented. We have not
audited or reviewed the accompanying financial statements and, accordingly, do not express
an opinion or any other form of assurance on them.
STREIT & PETERS, CPAs
December 20, 1994
EXHIBIT "A"
1908 S. Business CenTer D;.,Ste. 105 • San Bernardinc.CA 924'-
iq"p� 2or_65 - 02.
4
LEO AND MARIA WENZEL
STATEMENT OF FINANCIAL CONDITION
NOVEMBER 30, 1994
ASSETS
Cash $ 16,000
Accounts receivable 7,500
Inventory 28,000
Equipment 75,000
Real estate
Commercial-San Bernardino 300,000
Commercial-Redlands 150,000
Residence 400,000
Household 20,000
TOTAL ASSETS 996,500
LIABILITIES
Accounts payable $ 2,000
Real estate mortgages 350,000
TOTAL LIABILITIES 352,000
NET WORTH S o:ta iM
ee
EXHIBIT "A"
MEMORANDUM
Date: March 14, 1995
From: Lee Gagnon, Bureau of Franchises Secretary
To: Bureau of Franchises
Subject: Inspection of Loma Linda Towing
------------------------------------------------------
In accordance with San Bernardino Municipal Code Section
5.76.050, I inspected the premises of Loma Linda Towing 1915 South
Tippecanoe, San Bernardino, Ca. 92408 on March 13, 1995. The
inspection was conducted using Municipal Code Section 5.76.540
Towing carriers-Requirements to qualify the applicant where
applicable.
Those provisions in section 5.76.540 that could be
verified at this time were noted and the qualifications that were
not met are as follows;
1. 5.76.540 Subsection A - there were no provisions for
twelve inside spaces for vehicles.
2. Vehicle from towing company was parked in the street
on the north side of Laurelwood which borders north
side of Loma Linda Towing and which is prohibited by
5.76.540 subsection D.
Lee Gagnon
E)WIBIT "�."
I N T E R O F F I C E M E M O R A N D U M
Date: 09-Mar-1995 03 :55pm PST
From: Jenifer Aragon
ARAGON JE
Dept: POLICE
Tel No:
TO: Lee Gagnon ( GAGNON_LE )
Subject: TOW COMPANIES
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
To: Lee Gagnon
From: Sgt. J. Aragon
Subject: Towing Companies on Rotation List
Date: March 9, 1995
Copies:
The adequacy of service currently rendered by the ow companies
on our rotation list has been satisfactory. Typically the tow
drivers are most eager to handle our tow requests in an efficient
manner. Particularly during the months we conducted the OSS
(Operation Safe Streets) we got excellent service. I have had no
complaints. Let me know if you require anything else of me.
EXHIBIT "C"
FOR OFFICE USE ONLY --
Departments Receiving Copies: Date/Time Stamp:
City Administrator's Office ���tNARp��
City Clerk Lien Coordinator �' �� RECEIV'-'-i--C'T( CLERK
Ori itial to: ' lymenR I> rrt�t�ti3O
g 3 z
City Clerk 's Office
Administrative Operations '� �1 -• �o
Supervisor II G�DED iN �0 Account 001-000-4303
CITY OF SAN BERNARDINO
NOTICE OF APPEAL
IMPORTANT INFORMATION: Pursuant to Council Action, the following fees will be
imposed relative to Mayor and Common Council Action: Appeals - $75.00 for all building,
weed. and vehicle appeals. $122.00 for planning appeals. All Mayor and Common Council
appeals must be filed in the City Clerk's Office accompanied by the appropriate fee.
Complete All Information
Appellant Name Tri City Towing, Inc. , 1661 West Walnut Street, San Bernardino,
& Address: CA 92410; Al Wilson Service, Inc., 2310 E. 3rd Street,
San Bernardino, CA 92410; Big Z Auto !-brks, 274 North "I" StreeT
San Bernardino, CA 92410
Contact Person
& Address: Attorney for Appellants, Roger A. Luebs, Esc. , Thomas, Luebs & Mc
3403 Tenth Street, Suite 300, Riverside, CA 92501
Contact Person Phone
Number: Day: (909) 788-0100 Evening: (909) 780-3567
Affected Property
Address & APN !# Not Applicable
Type of Appeal - Check One
Mayor and Common Council Other Legislative Bodies
Planning Commission Board of Building Commissioners
- Building Abatement Police Commission
Weed Abatement X Other/Explain: Bureau of Franchises
--- - Vehicle Abatement Other/Explain:
(continue nest page)
EXHIBIT "D"
A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION (SSMC 2.64):
1. The specific action appealed, and date of that action: Decision of the Bureau of
Franchises made on March 14, 1995 to grant a vehicle towing ng ^ rm;t- to
Lama Linda Towing to place Loma Linda Towing on the Police Department Rotation
List.
2. The specific grounds of appeal: There is no evidPnr-e t o Gimmrt +-him mne->>•ci nT
that public convenience and necessity y require the issuance of additional permits
for towing vehicles in response to police calls. All the evidence is that public
convenience and necessity is adequately served by the existing permitted towing
vehicles. There is no unmet cublic demand for vehicle towing service in response
to police calls. Increasing the number of permitted towing vehicles providing
towing service in response to police calls will ess
who already o d such permits and will therefore result in a reduction in the
quality of service in the City of San Bernardino. Loma Linda Towing has not
adequately demonstrated its capability or qualification to provide towing service
in response to police calls.
3. The actions(s) sought from the legislative body: A decision not to issue an
additional permit for towing service in response to police calls in the Citv
of San Bernardino.
4. Any additional information: Please see the letter of appeal acco:*manvina this
Notice of Appeal for additional informtion.
Signature of Appe:!_: AL. :1 �Z -
Big Z tb
Date: 3/29/9 5
Rog . Luebs, Attornev for Appellants EXHIBIT "D"
OMASLAW OFFICES Deborah C.Prosser Scat J.Dexter
�--+ Andrew D.Brooks William E.Thomm Michael A.Deslardim
LT 'H C�� / ORT Cunis A.Knudsen Irene Leigh Nation
IJLlJ1...7 1`/1 Rogv A.Lucbs Donor M.Baker Nom Tu•Willis
Peter J.Mon Roben A.Davis.Jr. John W.Vineyard
March 29, 1995
Honorable Mayor and Common Council HAND-DELIVERED
of the City of San Bernardino
300 North "Din Street
San Bernardino, California 92418
Re: March 14, 1995 Decision of Bureau of Franchises Regarding Loma
Linda Towing
Dear Honorable Mayor and Members of the
Common Council of the City of San Bernardino:
This letter is to constitute a Notice of Appeal on behalf of our clients Tri City
Towing, Inc., Big Z Auto Works, and Al Wilson Service, Inc. with respect to the March 14,
1995 decision of the Bureau of Franchises unanimously approving placing Loma Linda
Towing on the Police Department Rotation List for providing towing services to the City of
San Bernardino and at the request of the City of San Bernardino.
It is requested that the Common Council hold a public hearing with respect to
this appeal to consider all the evidence which interested parties may wish to present. Our
clients believe that based on that evidence the Common Council will conclude that adding
Loma Linda Towing to the Police Department Rotation List would not be in the best interest
of the City of San Bernardino, its citizens, or those other towing companies who already
have a franchise relationship with the City.
Please provide our office with a notice of any public hearing which may be
scheduled with respect to this appeal as well as a copy of any staff report or other
information which might be made available to the Common Council in connection with the
consideration of the appeal. If for any reason any additional action is required in order to
perfect this appeal and obtain the public hearing before the Common Council, then please
notify me immediately as it is our intent to comply with all requirements of the City of San
Bernardino with respect to appealing the decision referred to above.
EXHIBIT "D"
Riverside Centre,3403 Tenth Street.Suite 300,Riverside,California 92501.Telephone 909-788-0100.Facsimile 909-788-5785
UW OFF7CrS
L ��Molzr
Honorable Mayor and Common Council Page 2
March 29, 1995
Thank you for your consideration of this appeal.
Very truly yours,
THOMAS, LUEBS & MORT
Roger ebs
Attorneys for Tri City Towing, Inc., Big Z Auto Works
and Al Wilson Service, Inc.
PAL:jdo
TRICIT01.001
EXHIBIT "D"
L ew-4
C I T Y OF S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
CITY CLERK' S OFFICE
DATE: April 13 , 1995
TO: Honorable Mayor and Members of the City Council
FROM: Rachel Clark, City Clerk
SUBJECT: Withdrawal of Appeal of Tri City Towing, et al (Item 23
on 4/17/95 Council Agenda)
COPIES : Shauna Clark, City Administrator; James Penman, City
Attorney; Lee Gagnon, Secretary to Bureau of Franchises
-------------------------------------------------------------------
Pursuant to the attached copy of a letter which was faxed to this
office this morning, Attorney Roger A. Luebs, on behalf of Tri City
Towing, Inc . , Big Z Auto Works and Al Wilson Service, Inc . has
withdrawn their appeal with respect to the Bureau of Franchise' s
decision pertaining to Loma Linda Towing.
In light of the above, the matter can be tabled.
qa-,�J� U-,OL-�
Rachel Clark
City Clerk
Attachment
homasr Luebs & Mor+ 4-13-95 +10:05AM RIVER 0TDE CA4CITY CLERK ;# 2
HOMAS LAW OFFICES Daoereh C.PwRor Scan J.Dexter
Andrew D.Brooke Williern B.Tnemu M cheel A.Deslardine
LT �--r (^1`NMORT Cunt E.Lusbi Gera Leigh u W lIs
U r.r-SJ 1 Y f`J Rober A.Luebe Donne M.B.►ar Van'11r•wu11c
L Peter J.Man Robert A.DIAs.Jr. John W.Vneywd
April 13, 1995
City of San Bernardino VIA FAX &_U.S. MAIL
Office of the City Clerk (909) 384-5158
1300 North "D" Street
San Bernardino, California 92418
Re: Appeal of Tri City Touring, Inc., Big Z Auto Works, Al Wilson
Service, Inc. Regarding Bureau of Franchise Decision With Respect to
Loma Linda Towing
Dear Madam Clerk:
I have been asked by our clients, Tri City Towing, Inc., Big Z Auto Works
nd Al Wilson Service, Inc. to advise you that they wish to withdraw their appeal with
respect to the Bureau of Franchise's decision pertaining to Loma Linda Towing. It is my
�pril understanding that this matter has been set for public hearing before tht City Council on
17, 1995. In view of this withdrawal of the appeal, my clients do not intend to appear
,at the scheduled public hearing.
Thank you for your courtesy.
Very truly yours,
THOMAS, LUEBS & MORT
Roger A. Luebs
:jdo
c: Lee Gagnon, Bureau of Franchises
Tri City Towing, Inc.
A:e 7 A.+tn WnrIC4
Al Wilson Service, Inc.
�RICIT01.006
I
i