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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