2009-27151 ResoRESOLUTION NO. 2009-27151
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AN EXTENSION OF THE
TOWING PERMITS WITH BEACH TOWING SERVICES, INC. AND
TREMONT TOWING SERVICES, INC., RESPECTIVELY, FOR A PERIOD
COMMENCING ON SEPTEMBER 1, 2009, AND TERMINATING ON THE
EARLIER OF: 1.) AUGUST 31, 2011; OR 2.) THE DATE THAT TREMONT
TOWING IS REQUIRED TO VACATE ITS CURRENT PREMISES FOR
COMMENCEMENT OF CONSTRUCTION OF THE SUNSET HARBOR
GARAGE PROJECT; PROVIDED, FURTHER, THAT THE AFORESTATED
RENEWAL OF THE TOWING PERMITS IS SUBJECT TO AND
CONDITIONED UPON BEACH AND TREMONT'S CONTINUED
COMPLIANCE WITH THE CONDITIONS IMPOSED BY THE CITY
COMMISSION PURSUANT TO RESOLUTION NO. 2009-26999; AND
FURTHER APPROVING THE NEW ADMINISTRATIVE RULES AND
REGULATIONS FOR POLICE DEPARTMENT AND PARKING
DEPARTMENT TOWING PERMITS.
WHEREAS, Chapter 106, Article V, of the Miami Beach City Code, provides for
the issuance by the City of towing permits for the towing of vehicles identified by the
City as requiring removal from public and private property; and
WHEREAS, vehicle impoundments are a necessary tool for both the Police and
Parking Departments in order to properly manage traffic and parking throughout the
City; and
WHEREAS, on January 11, 2006, the Mayor and Commission waived (by 5/7cns
vote) the competitive bidding requirement and approved towing permits with Beach
Towing Services, Inc. and Tremont Towing Services, Inc., respectively; said permits
having an initial three (3) year term, commencing on March 1, 2006, and expiring on
February 28, 2009, with a two (2) year renewal option, at the sole and absolute
discretion of the City; and
WHEREAS, on January 28, 2009, the Mayor and Commission approved
Resolution No. 2009-26999, approving amonth-to-month extension of the Beach
Towing and Tremont Towing permits, not to exceed six months, commencing on March
1, 2009, and expiring August 31, 2009; and
WHEREAS, said extension was contingent upon both towing service providers'
implementation and compliance of the conditions outlined in Resolution No. 2009-
26999 (which is attached and incorporated as Exhibit "A" hereto); and
WHEREAS, on June 25, 2009, the City's Finance and Citywide Projects
Committee recommended renewal of the towing permits for both Beach Towing and
Tremont, subject to continued imposition of, and the towing companies' compliance
with, the conditions imposed pursuant to Resolution No. 2009-26999; and
WHEREAS, the Administration and City Attorney's Office have also revised the
Administrative Rules and Regulations for the Police Department and Parking
Department Towing Permits, and would herein recommend that the Mayor and City
Commission approve and adopt the new version of the Rules and Regulations,
attached as Exhibit "B" hereto.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve an extension of the towing permits with Beach Towing
Services, Inc., and Tremont Towing Services, Inc., respectively, for a term commencing
on September 1, 2009, and terminating on the earlier of: 1.) August 31, 2011; or 2.) the
date that Tremont Towing is required to vacate its current premises for commencement
of construction of the Sunset Harbor Garage Project; provided, further, that the
aforestated renewal of the towing permits is subject to and conditioned upon Beach and
Tremont's continued compliance with the conditions imposed by the City Commission
pursuant to Resolution No. 2009-26999; and further approving the new version of the
Adminsitrative Rules and Regulations for Police Department and Parking Department
Towing Permits.
PASSED AND ADOPTED this 22nd day of July , 2009
MAYO
Matti Herrera Bower
ATTEST:
CITY CLERK
Robert Parcher
APPROVED AS TO
FORM & LANGUAGE
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COMMISSION ITEM SUMMARY
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A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving the extension of the
towing permits for both Beach Towing and Tremont Towing, respectively, for a period of either two (2) years,
' commencing on September 1, 2009 and expiring on August 31, 2011, or until such time that Tremont Towing is
required to vacate their premises, to make way for construction of the Sunset Harbor Garage, whichever occurs first;
and further approve the amended towing permits
Ke Intended Outcome Su orted:
Maintain or Improve Traffic Flow.
Su optin Data Surve s, Environmental Scan, etc.
74% of residents and 72% of businesses rate the availability of parking across the Ciry as too little or much too little.
Availability of parking was one of the chap es residents identified to Make Miami Beach better to live, work or la .
Issue:
Should the Ci Commission a rove an extension and amendments to the towin ermits?
Item Summary/Recommenaation:
The towing service providers Beach Towing and Tremont Towing, each currently have a permit issued by the Cary to
provide towingservices to the Police and Parking Departments. On January 11, 2006, the Mayor and Commission
waived by 5/7 vote the competitive bidding requirement and approved a three (3) year permit, with a two (2) year
option for renewal, at the sole and absolute discretion of the Ciry. On October 22, 2008 and on January 28, 2009,
the Neighborhoods/Community Affairs Committee and the Finance and Citywide Projects Committee; respectively,
approved a month to month extension not to exceed six (6) months with specific additional conditions to the towing
permits. On June 25, 2009, the City's Finance and Citywide Projects Committee was provided with options to either
extend the towing permits by at least a one year period or until the relocation of the Tremont Towing storage facility
was necessitated to make way for the construction of the Sunset Harbor Garage or a second option was to direct the
Administration to issue an RFP (Request for Proposals) and craft it in such manner that would allow for respondents
in the towing industry to creatively address vehicle storage and other issues. The Finance and Citywide Projects
Committee directed the Administration to extend the towing permits for both Beach Towing Services, Inc. and
Tremont Towing Services, Inc. for a period of either two (2) years, commencing on September 1, 2009 and expiring
on August 31, 2011 or until such time that Tremont Towing is required to vacate their premises, to make way for
construction of the Sunset Harbor Garage, whichever occurs first.
At the July 15, 2009, Commission Meeting, the Mayor and Commission directed the Administration to include all
additional conditions as requirements of the towing permits issued to each respective towing service provider.
Therefore, the towing permits have been amended to reflect all of the required conditions. Both towing service
providers have agreed to these required conditions.
the
Board Recommendation:
~e and Citywide Projects Comrr
2009.
Gin~nrial Infnrma+inn
at their regularly scheduled meeting on June
Source of Amount Account Approved
Funds: ~
~~ 2
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Saul Frances, ext. 6483
Sinn_Aff¢~
D ent Director t t Cit Mana er it Mana er
SF TH JMG
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AGENDA ITEM ~" 7
~~ ~ ~ ~! Y 1 I ~ ~~~ ~ DATE 2 ^ 0
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez
DATE: July 22, 2009
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AN EXTENSION OF THE TOWING
PERMITS WITH BEACH TOWING SERVICES, INC. AND TREMONT TOWING
SERVICES, INC., RESPECTIVELY, FOR A PERIOD COMMENCING ON
SEPTEMBER 1, 2009, AND TERMINATING ON THE EARLIER OF:1.) AUGUST
31, 2011; OR 2.) THE DATE THAT TREMONT TOWING IS REQUIRED TO
VACATE ITS CURRENT PREMISES FOR COMMENCEMENT OF
CONSTRUCTION OF THE SUNSET HARBOR GARAGE PROJECT;
PROVIDED, FURTHER, THAT THE AFORESTATED RENEWAL OF THE
TOWING PERMITS IS SUBJECT TO AND CONDITIONED UPON BEACH AND
TREMONT'S CONTINUED COMPLIANCE WITH THE CONDITIONS IMPOSED
BY THE CITY COMMISSION PURSUANT TO RESOLUTION N0.2009-26999;
AND FURTHER APPROVING THE NEW ADMINISTRATIVE RULES AND
REGULATIONS FOR POLICE DEPARTMENT AND PARKING DEPARTMENT
TOWING PERMITS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The towing service providers Tremont Towing located at 1916 Bay Road, Miami Beach,
Florida and Beach Towing, located at 1349 Dade Boulevard, Miami Beach, Florida, each
currently have a permit issued by the City to provide towing services to the Police and
Parking Departments. On November 20,1996, the Mayor and City Commission waived, by
a 5/7ths vote, the competitive bidding requirement, and approved an extension of the towing
permits for a period of two years, to expire on November 30,1998. On November 18,1998,
the Mayor and City Commission approved two (2) additional one (1) year options, to be
renewed at the sole discretion of the City. The second one (1) year option expired on
November 30, 2000. On October 18, 2000, the Mayor and City Commission waived, by a
5/7ths vote, the competitive bidding requirement, and approved a two (2) year contract, with
three (3) one-year options, to be renewed at the sole discretion of the City. Subsequently, all
renewal options were exercised. On January 11, 2006, the Mayor and Commission waived
by 5/7th vote the competitive bidding requirement and approved a three (3) year agreement
commencing on March 1, 2006 and expiring on February 28, 2009, with a two (2) year option
for renewal, at the sole and absolute discretion of the City. On January 28, 2009, the Mayor
and Commission approved an extension and included the following initiatives as conditions
to the extension:
July 22, 2009
City Commission Memorandum
Towing Permit Extension
Page 2 of 4
1. The City Administration is to pursue amendments to the Light Industrial Zoning
District (I-1) making towing services a conditional use.
2. Noise Mitigation -Beach Towing and Tremont Towing (hereinafter referred to
individually as a "Permittee," and collectively "Permittees") agree to remove any
public announcement (PA) systems on their respective premises so as to eliminate
and/or reduce noise to the surrounding neighborhood. Violation of Section 46-152,
of the City Code, as same may be amended (the City's Noise Ordinance) may be
deemed a violation of the terms of the Permit. The City shall retain the right to
modify the Permit and the conditions of operation should there be complaints about
loud, excessive, unnecessary, or unusual late night noise. Accordingly, in the event
of such violation, the City Manager reserves any and all right to suspend or terminate
the Permit.
3. Security-Permittee shall be required to hire Off-duty police officers on the premises
on holidays and during all major events in the City. Major events are herein defined
as those events identified in the City's Major Event Planning (MEP). In the event that
the City's Police Department is unable to fulfill these off-duty needs, Permittee shall
be required to contract off-duty police officers from other jurisdictions, if available.
4. Traffic Mitigation -All vehicle loading shall only be conducted on Permittee's
premises. The use of a forklift or similar device shall be strictly prohibited on any City
right-of-way.
5. "How's my driving?" Program -Within thirty (30) days from adoption of this
Resolution, the Permittee shall establish a tow truck driver safety improvement
program, through an independent third party source that will establish a telephone
contact and a-mail contact for receipt of complaints regarding unsafe tow truck
operator driving throughout the City, which will be addressed by the Permittee to the
satisfaction of the City Manager. Each vehicle will prominently display contact
information for the public to report issues relating to the tow truck operator's driving.
Upon request of the City Manager, each Permittee must provide a report from the
independent third party source identifying any and all complaints lodged against the
Permittee; investigations conducted by the Permittee; and corrective actions taken
by the Permittee to the satisfaction of the City Manager. Prior to implementation, the
aforestated program shall be reviewed and approved by the City Manager, which
approval shall not be unreasonably withheld.
6. Citizens' Bill of Rights for Towing -Within thirty (30) days from adoption of this
Resolution, the Permittee shall establish a bilingual informational campaign advising
a vehicle owner who has been towed of his/her rights and important related
information, including tow rates, methods of payment, and complaint contact
information. Prior to implementation, the aforestated campaign shall be reviewed
and approved by the City Manager, which approval shall not be unreasonably
withheld. In addition, there shall be notice placed in a prominent place on all towing
service vehicles and clearly visible and legible, in letters at least two inches (2")high
stating, "Miami Beach's Towing Bill of Rights & No Drop Fees...Ask Me!"
7. Waiver of "Drop Fees" -Drop fees occur when a vehicle owner arrives on the scene
of a tow and the vehicle has been engaged (hooked) by the tow truck, but has not
left the scene. Although Florida law allows Permittee to assess a "drop fee" (of not
July 22, 2009
City Commission Memorandum
Towing Permit Extension
Page 3 of 4
more than 50% of the posted towing rates) Permittee hereby agrees to voluntarily
waive any and all drop fees for registered vehicle owners only.
8. Storage and/or parking of vehicles must be fully screened from view, as seen from
any right-of-way or adjoining property, when viewed from five feet six inches (5'6")
above grade, with an opaque wood fence, masonry wall, or other opaque screening
device not less than six feet (6') in height.
9. Parking spaces, backup areas, and drives shall be appropriately dimensioned for the
type of vehicles being parked or stored.
10. The Permittee shall be responsible for maintaining the immediate areas adjacent to
its on-premises facility and storage area including, without limitation, the adjacent
sidewalks, curbs, and gutters, in a clean and sanitary manner, free of refuse, at all
times during hours of operation.
11. Permittee shall be required to satisfy the landscaping requirements of the Miami
Beach City Code Section 126-6 (2).
12. A plan for a recurring maintenance schedule that includes, but is not limited to,
cleaning Permittee's on-premises storage area, clipping of hedge material, removing
and replacement of dead plant material, fertilization and irrigation, shall be submitted to
the City Manager or his authorized designee, within thirty (30) days of the
commencement of the Term, for the Manager or his designee's review and approval,
which shall not be unreasonably withheld, conditioned, or delayed.
13. The lighting in Permittee's on-site facility and storage area must satisfy the City Code
and the Florida Building Codes. The light from light poles shall be contained on-site.
Any light poles shall not exceed fifteen feet (15') in height, measured from grade.
14. Permittee shall be responsible for operating its on-premises facility and storage area in
an orderly, clean and quiet manner so that neighboring residents are not disturbed
during the hours of operation. At a minimum, this shall include removing all trash from
the lot not less than twice daily. The sounding of car alarms, automobile horns, playing
of radios or any kind of audio system (including by the valet attendants), and
screeching of tires shall be prohibited. A sign addressing City Code provisions
regarding car alarms, and a sign prohibiting the screeching of tires and sounding of
horns, shall be posted on-site so they are plainly visible by, and legible to, users of the
facility.
On June 25, 2009, the City's Finance and Citywide Projects Committee was provided with
options to either extend the towing permits by at least a one year period or until the
relocation of the Tremont Towing storage facility was necessitated to make way for the
construction of the Sunset Harbor Garage as both towing service providers have complied
with the conditions outlined in their six month extension or a second option was to direct the
Administration to issue an RFP (Request for Proposals) and craft it in such manner that
would allow for respondents in the towing industry to creatively address vehicle storage and
other issues.
The Finance and Citywide Projects Committee directed the Administration to extend the
towing permits for both Beach Towing Services, Inc. and Tremont Towing Services, Inc. for
July 22, 2009
City Commission Memorandum
Towing Permit Extension
Page 4 of 4
a period of either two (2) years, commencing on September 1, 2009 and expiring on August
31, 2011 or until st uction of the Su set Harbor Garage, iwhi Never of cuhrsifirst mises, to
make way for con
Additionally, at the July 15, 2009, Commission Meeting, the Mayor and Commission directed
the Administration to include all additional conditions as requirements of the towing permits
issued to each respective towing service provider. Therefore, the towing permits have been
amended to reflect all of the required conditions, as outlined above. Both towing service
providers have agreed to these required conditions.
CONCLUSION
The Administration recommends that the Mayor and Commission approve the extension of
the towing permits for both Beach Towing Services, Inc. and Tremont Towing Services, Inc.,
respectively, for a period of either two (2) years, commencing on September 1, 2009 and
expiring on August 31, 2011 or until such time that Tremont Towing is required to vacate
their premises, to make way for construction of the Sunset Harbor Garage, whichever occurs
first; and further approve the new Administrative Rules and Regulations for Police
Department and Parking Department Towing Permits.
JMG/TH/SF
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