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LTC 266-2012 Towing Permits
MIAMI F . OFFICE OF THE CITY MANAGER NO. LTC # 266 -2012. LETTER TO COMMISSION . , i TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager DATE: r October 16, 20 SUBJECT: TOWING PERMITS - FINANCE AND CITYWIDE PROJECTS COMMITTEE ACTION On September 12, 2012, Commissioner Wolfson placed a discussion item on the agenda (Item No. R9F) requesting an update on the status of the Police and . Parking Department Towing Permits. The Mayor and Commission discussed the Item and directed the Administration to place the Towing Permit issue on the agenda for the October 24, 2012, City Commission meeting in order to have a final discussion and vote on the matter. Mayor Bower - requested the Administration to provide the results of the towing permit item when it was last considered by the Finance and Citywide Projects Committee (FCWPC). The following are the related documents (see attachments) and the links to the files containing the audio recordings of the meeting are also provided below. • Towing Permits - January 19, 2012, Finance and Citywide Projects Committee, Item No. 3. Link http:// web. miamibeachfl .gov /citvclerk /scroll.aspx ?id =68854 • Towing Permits - December 27, 2012, Finance and Citywide Projects Committee, Item No. 2. Link: http: / /web.miamibeachf1. oc v /cityclerk /scroll.aspx ?id =68659 Please let me know if you should need any further information. C: Patricia D. Walker, Chief Financial Officer Jorge Gomez, Assistant City Manager m : C Max Sklar, Acting Assistant City Manager w` Raymond Martinez, Police Chief F i Saul Frances, Parking Director ` ;7 KGB /PDW /SF F:\ ping \$ ALL\ SAUL\ CMO\ Towing Permits FCWPCMinutes .Itc.doc ;_; ' • I r MIAMI BEACH I I City of Miami Bench, 1700 Convention Center Drive, Miami Beach, Florida 33139, wvww.miamibeachfl.9ov COMMITTEE MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: City Manager Jorge M. Gonzalez DATE: March 21, 2012 I SUBJECT: REPORT - OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING OF January 19, 2012. i f I OLD BUSINESS i 1. Follow up: Report on the number of Business Tax Receipts (BTRs) outstanding ACTION i The Committee requested quarterly updates be given via Letter to Commission (LTC). I r Georgina Echert, Assistant Director of the Finance Department, presented the item. The City began sending out the Fiscal Year (FY) 2012 renewal notices in early July of 2011. As of January 13, 2012, the following is a summarry on the status FY 2012 BTR renewals: • i i; • 7,801 renewal notices were mailed out; • 1,624 renewal notices remain unpaid; and i i , • 1,879 renewals have been paid, but remain in pending status. A list of business entities that have not renewed their BTR has been sent to Code Compliance -for follow -up action. Ms. Echert also stated that a follow up notice has been ° sent to remind. businesses that have not renewed their BTR. Commissioner Jerry Libbin asked how this compares to previous years. Ms. Echert stated that the compliance level was approximately 65 -70% last year, as compared to 80% this year. The Committee requested quarterly updates be given via Letter to Commission (LTC). 2. Discussion regarding amendments to the Recycling Ordinance i ACTION - I ; . I Item Deferred 3. Discussion regarding towing permits ; j, F i ACTION The Committee recommended that: - • the auditing and inspection provisions resemble the provisions in the Boucher Brothers contract • option 1 for resident discounts be put into the contract review the towing software and in- vehicle camera enhancements in one year • Administration continue to negotiate with the Permittees regarding the number of hours a vehicle is stored at no charge to the customer • the item be brought to the full Commission The Committee asked that the Permittees explain why credit cards and personal checks are not accepted when the item is brought to the full Commission and that a discussion regarding the City's towing policy be had. Assistant City Manager Jorge Gomez presented and gave a brief history of the item. The Committee discussed the auditing and inspection provisions for the towing permittees. Commissioner Jorge Exposito asked if the City has the legal ability, other than what is granted to the City by contract, to determine the profitability of a company or the ability to set a standard of profit. Chief Deputy City Attorney Raul Aguila stated that the. City did not have the ability to determine profitability. Discussion ensued. The Committee recommended that auditing and inspection provisions resemble the provisions in the Boucher Brothers contract and that option 1 for resident discounts be implemented. The Committee discussed the requirements for retrieving a towed vehicle. Chairperson Deede Weithorn suggested that a revision provision be included in the contract to ensure that the permittees are making progress in regards to implementing the enhancements required by the contract. Ralph Andrade asked why GPS tracking devices were being required. Parking Director Saul Frances stated that the tracking would be used for vehicles that are providing city services and the tracking software will address issues with accountability and show the proximity of the tow truck to vehicle which is to be towed. Mr. Frances also added that city vehicles are equipped with GPS tracking devices. Commissioner Jerry Libbin stated that he was not in favor of moving forward with the renewal of towing permits before an audit was performed. Ralph Andrade, attorney for Beach Towing, gave a power point presentation 'regarding increasing the towing rates. City Manager Jorge Gonzalez asked Mr. Andrade of the jurisdictions shown as comparables, how many, if any, have towing as a, regulated industry with a limited number of operators. Mr. Andrade stated that he was, unsure if any were regulated like the City is. Mr. Gonzalez stated that the way industry was regulated would affect the pricing, more towing companies would yield more competitive rates. Chairperson Weithorn opened the floor to public comment which included suggestions on revising the towing bill of rights to better protect the vehicle owner, raising fees not by a percentage but rather a flat fee, and support for auditing provisions. The Committee asked that the Permittees explain why credit cards and personal checks are not accepted when the item is brought to the full Commission. The Committee recommended that: • the auditing and inspection provisions resemble the provisions in the Boucher Brothers contract 0 option 1 for resident discounts be put into the contract • review the towing software and in- vehicle camera enhancements in one year Administration continue to negotiate with the Permittees regarding the number of + i i hours a vehicle is stored at no charge to the customer • the item be brought to the full Commission 4. Discussion of a proposed modification of the Promissory Note dated February 5, 2007, between MBCDC: Meridian Place, LLC, a Florida Limited Liability Corporation, to the Miami Beach Redevelopment Agency; and to discuss a subordination of the City's mortgages in favor of a mortgage made by a commercial lending institution i ACTION The Committee recommended that the item be brought to the full Commission and that the funding chart be, included as part of the memo. Real Estate, Housing, and Community Development Director Anna Parekh presented the item. A modification of the repayment terms in the Promissory Note dated February 5, 2007, between MBCDC: Meridian Place, LLC, to the Miami Beach Redevelopment Agency was requested in order to facilitate the completion of Meridian Place, as well as to prevent jeopardizing $6,415,085 of additional public funds which have been awarded to this affordable housing project for formerly homeless elderly people. The repayment terms in the Promissory Note are not feasible because this affordable housing project cannot produce sufficient cash flow to cover annual principal payments in the amount of $150,000 to the RDA. The project rehabilitation is 70% complete, and therefore had no rental revenue cashflow to make the first $150,000 annual loan payment which was due in December 2011. Subsequent annual payments are due every December for the next nine years. In the event the RDA Promissory Note debt service is not modified, the project cannot be completed and the other existing funding sources are in jeopardy. Each of the other funding sources entered into various governing documents with MBCDC and its predecessor to secure the use of funds and project execution.! While all the documents were prepared independently by each lender, all the loan documents share common covenants which require the delivery of a completed affordable housing project. Assistant City Manager Hilda Fernandez noted that neither the $2,864,642 of the City's HUD HOME and CDBG funds or the $1,379,395 of Miami -Dade County's Documentary Stamp Surtax Funds require repayment as long as the building is kept affordable even at the end of the affordability period. The Administration recommended that the RDA loan repayment terms be restructured to be consistent with other affordable housing grants (loans) from the City which defer the repayment of the funding as long as the project is kept "affordable" in accordance with HUD guidelines. This project's "affordability period" is currently thirty (30) years, commencing at the issuance of the Final Certificate of Completion. It was also recommended that at the expiration of the 30 -year affordability period, that the City may be given the option to either: all in the note, extend the affordability period (e.g. another thirty years), or otherwise modify the note. The Committee recommended that the item be brought to the full Commission and that the-funding chart be included as part of the memo. REPORTS 5.. Report on the status of FY 2010/11 potential new revenue initiatives ' l ACTION None Required The Committee did not discuss the item. NEW BUSINESS 6. Request for approval to issue a Request for Qualifications (RFQ) for a fourth solid waste franchise contractor to provide commercial waste collections and disposal services : ACTION The Committee recommended that this item and the item regarding the Recycling Ordinance be brought back to the March 1, 2012 Finance & Citywide' Projects Committee Meeting. Public Works Director Fred Beckmann presented the item. At the Finance and Citywide Projects Committee Meeting of January 26, 2010, the Committee recommended that the City pursue the option of maintaining four (4) franchise haulers and to accept the services package presented combined with a five (5) year term. The Committee also recommended that a minimum of four (4) haulers be retained and in the event the number falls below four, the matter be brought to the attention of the City Commission. There are presently three waste collection and disposal services franchisees in the City of Miami Beach: Waste Management of Dade County; Waste Services, Inc.; and Choice Environmental Services of Miami. In 2011, a previous fourth franchisee, General Hauling Services, Inc. was purchased by Waste Services. The current waste collection and disposal services franchisees have petitioned the City, to maintain at three the number of haulers providing services within the City. It was recommended that the fourth hauler negotiations could provide the opportunity for the three remaining haulers to proffer additional resources for the educational and enforcement requirements of the new recycling ordinance. However, the re- written ordinance significantly reduces the resource requirements for enforcement and therefore does not present the same opportunities. The haulers have requested that - in exchange for agreeing to increase their current contribution to fund green initiatives form 1.5% to 2% (representing an annual revenue increase of approximately $100,000), and double their annual cash allocation for the purchase of recycling containers from (15) containers valued at approximately $18,000 to (30) containers valued at approximately $36,000, or current market value - they would like to keep only three haulers and exercise the three (3) year renewal option currently at the City's discretion in September 2014. Chairperson Deede Weithorn stated that she would like to delay discussing this item so that it could be discussed in conjunction with the item regarding the Recycling Ordinance. Mr. Beckmann stated that the proposed recycling _ ordinance is ready aside from the few details that needed to be confirmed with the County. Commissioner Jerry Libbin was also in favor of deferring the discussion. Commissioner Jonah Wolfson and Commissioner Jorge Exposito were in favor of issuing the RFQ. Discussion ensued. Public comment included support for both issuing the RFQ and support for keeping the number of waste haulers at three. The Committee recommended that this item and the item regarding the Recycling Ordinance be brought back to the March 1, 2011 Finance & Citywide Projects Committee Meeting. i . ' I I 7. Discussion concerning City Fees and Charges for Gay Pride 2012 ACTION Item Deferred 8. Discussion pertaining to the issuance of a Request for Proposals (RFP) for auditing services for the City's (CAFR), (OMB A -133 Single Audit), The Miami Beach Redevelopment Agency's basic financial statements (RDA), ...(PSF), (VCA) financial statements, The Miami Beach Convention Center, as managed by Global Spectrum, financial statements, The Children's Trust Program, The Building Better Communities Bonds Program, and The Safe Neighborhood Parks and Bond Program (SNP) ACTION The Committee recommended moving forward with the issuance of a Request for Proposals (RFP) for auditing services. Georgina Echert, Assistant Director of the Finance Department, presented the item. The current auditors, McGladrey and Pullen were selected in Request for Proposals (RFP) No. 23 -05/06 and approved under Commission Resolution 2006 -26247 to provide auditing services for a period of five (5) years with the sole option and discretion of the City to renew for five(5) additional one (1) year periods. The Committee recommended moving forward with the issuance of a Request for Proposals (RFP) for auditing services. 9. Discussion regarding property assessed clean energy (PACE) program ACTION Item Deferred 10. Discussion, pertaining to a retail lease agreement between the City and South Florida Salon Group, Inc., for use of approximately 1,327 square feet of City -owned property located at 1701 Meridian Avenue, Unit 1 (A/K/A 765 17 Street), Miami Beach, Florida ACTION The Committee recommended that the item be brought to the Commission with the best deal. Assistant City Manager Hilda Fernandez presented the item. On November 16, 2011, Koniver Stern Group, the City's contracted real estate broker, presented the City with a Letter of Intent (LOI) on behalf of the South Florida Salon Group, Inc., (SFSG) for use of approximately 1,327 square feet of City -owned space located at 1701 Meridian Avenue, Unit1. The New York -based investment group which is behind SFSG is proposing to introduce a relatively new and exciting concept taking hold in many retail markets throughout California, New York, Arizona, Texas, Atlanta and Miami in the form of a I I ' i blow -dry hair salon. As the name implies, the facility would offer an attractively affordable fixed -price menu of blow -dry hair styling options as well as manicuring services. In addition to SFSG, the City received inquiries about the availability of the space from the current adjacent tenant, operating as Massage Envy. This existing tenant wished to expand their current space as well as introduce certain services not currently included in their franchise agreement, which formed the basis of the lease for their current space. Further, the initial terms proposed were deemed not favorable to the City, while the prospective tenant submitted terms more favorable for the City's consideration. While the adjacent tenant has remained interested in the vacant retail space, and has since offered comparable terms, the City's broker advised staff that securing a diverse tenant mix would protect the City further, as compared to leasing out this space to the adjacent tenant and having one tenant control two of four retail spaces. SFSG is offering to pay $46 per square foot for the space. Based on current market conditions, the proposed rent is comparable and competitive. Lyle Stern of Koniver Stern Group stated that Massage Envy had very recently made an offer which exceeded the current $46 per square foot and suggested that more information be gathered before a final recommendation is made. The Committee recommended that the item be brought to the Commission with the best deal. 11.Discussion pertaining to a retail lease agreement with Groove Man Entertainment, Inc. involving Suites 1 through 4 in the Anchor Shops, located at 1550 Collins Avenue, Miami Beach, Florida ACTION The Committee recommended moving forward and bringing the item to the full Commission. Assistant City Manager Hilda Fernandez presented the item and gave a brief synopsis of the memo. On January 11, 2012, Koniver Stern Group, the City's contracted real estate broker, presented the City with a Letter of Intent (LOI) on behalf of Groove Man Entertainment, Inc., (Grooveman Music) for Suites 1 through 4 in the Anchor Shops. Grooveman Music was founded by DJ /Producer George Acosta in the late 90's and has been doing business on Miami Beach from their current location at 1543 Washington Avenue since 2002, selling DJ- related products, clothing and accessories, vinyls and CDs and advance ticketing to music events anywhere in the world. Grooveman is interested in moving its business to the Anchor Shops, which will not only allow them to expand their business, but also allow them to develop higher -end boutique market with new products and designers. Given current market conditions, the subject 2,884 square foot space has been challenging to fill and has been vacant since December 2010. Grooveman Music has proffered an offer of $31 per square foot, plus tax, to lease the space for an initial term of five (5) years plus a renewal term of four (4) years and 364 days at the City's option. The Committee recommended moving forward and bringing the item to the full Commission. 12..Discussion regarding PAL's refusal to hand over Public Records ACTION The Committee recommended that should the PAL not comply with the public records request to the satisfaction of the City Attorney's Office, a public hearing be scheduled to-discuss what measures should be taken including termination of funding.' City Attorney Jose Smith presented the item and went on to introduce Donald Papy, Chief Deputy City Attorney. Mr. Papy stated that he had spoken with the new counsel for the Police Athletic League (PAL), Israel Reyes, regarding the status of the Miami Herald's public records request to the PAL for records and that Mr. 'Reyes stated that they were cooperating with the Miami Herald and have asked for some additional time because he had recently become the new counsel for the PAL. Mr. Papy stated that Mr. Reyes conveyed' his intent to fully comply with the request. Chairperson Deede Weithorn asked Mr. Papy if he asked what the time frame was for Mr. Reyes to turn the records in. Mr. Papy stated that he did not ask but stated that Mr. Reyes had asked for an additional 30 days to respond to the request. Steve "Bubba" Cohen, former PAL board member, stated that his attorney had made the same request in 2009 of the PAL and that it took almost two years for the records to be turned over. Mr. Cohen also stated that the PAL was requested to respond to the 2005. City Audit but the. PAL has never responded to the audit. Mr. Cohen was also concerned that the Parks and Recreation Department, the Boys and Girls Club and the PAL are all in Flamingo Park and all competing fora small pool of children. Chairperson Weithorn stated that if the PAL has not complied with the request by the time that the budget is being discussed, their funding could be cut. Commissioner Jonah Wolfson stated that he would also support not funding the PAL. The Committee recommended that should the PAL not comply with the public records request to the satisfaction of the City Attorney's Office, a public hearing be scheduled to discuss what measures should be taken including termination of funding. i MiAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMITTEE MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission FROM: City Manager Jorge M. Gonzalez 61 s, DATE: January 19, 2012 This shall serve as written notice that a meeting of the Finance and Citywide Projects Committee has been scheduled for January 19, 2012, . at 3:00 P.M. in the City Manager's Large Conference Room. The agenda is as follows: OLD BUSINESS 1. Follow up: Report on the number of Business Tax Receipts (BTRs) outstanding. (April 29, 2010 Commission Item C6E) Patricia Walker -- Chief Financial Officer 2. Discussion regarding amendments to the Recycling Ordinance (Juiy 13, 2011 Commission Item R517) Fred Beckman — Public Works Director 3. Discussion regarding towing permits Jorge Gomez - Assistant City Manager 4. Discussion of a proposed modification of the Promissory Note dated February 5, 2007, between MBCDC: Meridian Place, LLC, a Florida Limited Liability Corporation, to the Miami Beach Redevelopment Agency; and to discuss a subordination of the City's mortgages in favor of a mortgage made by a commercial lending institution Anna Parekh — Director of Real Estate Housing and Community Development REPORTS 5. Report on the status of FY 2010111 potential new revenue initiatives Kathie Brooks - Budget & Performance Improvement Director NEW BUSINESS 6. Request for approval to issue a Request for Qualifications (RFQ) for a fourth solid waste franchise contractor to provide commercial waste collections and disposal services (July 13, 201' Commission Item C2G) Fred Beckmann — Public Works Director 7. Discussion concerning City Fees and Charges for Gay Pride 2012 (July 13, 2011 Commission Item C4G) Max Sklar — Cultural Arts & Tourism Development Director 8. Discussion pertaining to the issuance of a Request for Proposals (RFP) for auditing services for the City's (CAFR), (OMB A -133 Single Audit), The Miami Beach Redevelopment Agency's basic financial statements (RDA), ...(PSF), (VCA) financial statements, The Miami Beach Convention Center, as managed by Global Spectrum, financial statements, The Children's Trust Program, The Building Better Communities Bonds Program, and The Safe Neig Parks and Bond Program (SNP) (September 14, 2011 Commission Item C7I) (October 19, 2011 Commission Item C4D) Patricia Walker -- Chief Financial Officer 9. Discussion regarding property assessed clean energy (PACE) program (October 19, 2011 Commission Item R9H) Fred Beckman — Public Works Director 10. Discussion pertaining to a retail lease agreement between the City and South Florida Salon Group, Inc., for use of approximately 1,327 square feet of City -owned property located at 1701 Meridian Avenue, Unit 1 (A /K/A 765 1.7 Street), Miami Beach, Florida Anna Parekh — Director of Real Estate Housing and Community Development 11.Discussion pertaining to a retail lease agreement with Groove Man Entertainment, Inc. involving Suites 1 through 4 in the Anchor Shops, located at 1550 Collins Avenue, Miami Beach, Florida Anna Parekh — Director of Real Estate Housing and Community Development 12.Discussion regarding PAL's refusal to hand over Public Records (December 14, 2011 Commission Item R91N) Jose Smith — City Attorney Finance and Citywide Proiects Committee Meetings for 2012 March 1, 2012 March 29, 2012 April 19, 2012 May 17, 2012 June 21, 2012 July 26, 2012 September 20, 2012 November 29, 2012 December 20, 2012 J M G/P DW /rs /th To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and /or any accommodation to review any document or participate in any city - sponsored proceeding, please contact 305 - 604 -2489 (voice),. 305- 673 -7524 (fax) or 305 - 673 -7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). Cc. Mayor and Members of the City Commission Management Team T E M Ir H R E E M i ja � C OFFICE OF THE CITY MANAGER COMM ITTEE MEMORANDUM TO: Finance and Citywide Projects Committee FROM: Jorge M. Gonzalez, City Manager r JA DATE: January 19, 2012 � SUBJECT: DISCUSSION REGARDING POLICE TOWING PERMITS - FOLLOW -UP On December 27, 2011, the Finance and Citywide Projects Committee (FCPC) discussed the police towing permit issues at length. The FCPC directed the Administration to bring back the item to its meeting on January 19, 2012; continue negotiations with both Permittees (Beach Towing and Tremont); and perform further analysis regarding the following: (1) enhance the public benefit provisions; (2) confirm towing rates for comparable jurisdictions; (3) conduct a sensitivity analysis for the index applied in the towing rate analysis provided by the Permittees (CPI - Consumer Price Index); (4) enhance the existing audit and inspection provisions by developing agreed upon procedures; (5) dismissal of the pending lawsuits; and (6) return with the Terminal Isle discussion. The Administration has conducted the analyses directed by the Committee, and met with representatives of both Permittees on Friday, January 6, 2012, Tuesday, January 10, 2012 and Friday, January 13, 2012. The following reflects the results of those meetings: 1. PUBLIC BENEFITS At the FCWPC meeting of December 27, 2011, the Permittees clarified that the proposed public benefit was a one time, 20% reduction for Miami Beach residents. The FCWPC did_ not feel that this'was a significant benefit and they requested that other options be explored. The following two options were developed and agreed upon by the Administration and Permittees. The Administration is seeking feedback and direction from the FCWPC: A. Resident Discounts for Public Tows Option 1: • Twenty percent (20 %) discount to Miami Beach residents for public tows only. • Discount may be applied two (2) times per year, per resident, per Permittee. This equates to four (4) benefits annually. The benefit resets each year; therefore, the resident receives the benefit annually for as long as the Permit is in effect. Permittee will track issuance of discounts to residents, annually. • Residents must provide proof of residency within the City limits, and their driver's license information must match with the vehicle registration information. • 20% discount would also be applicable to the City's Fee. Option 2: • Twenty percent (20 %) discount to Miami Beach residents for public tows only. • Discount may be applied three (3) times, per resident. This benefit does not reset each year; therefore, the resident receives this benefit three (3) times, from each Permittee, for a total of six (6) benefits.. Permittee will track issuance of discounts to residents, annually. • Residents must provide proof of residency within the City limits and their driver's license information must match with the vehicle registration information. • 20% discount would also be applicable to the City's Fee. Discussion Regarding Towing Permits - Updated Finance & Citywide Projects Committee Meet /ng January 19, 2012 Page 2 of 10 B. Permittees agreed to develop a formal "internal review" process to address citizen complaints. This has not been developed as of the writing of this memo. II. MAXIMUM ALLOWABLE TOWING RATES -ANALYSIS At the December 6, 2011, FCWPC Meeting, the Permittees jointly provided an analysis of the Maximum Allowable Towing Rates. The analysis alleges that the current towing rates are inadequate, since.they have not been increased since 2004. The analysis further alleges that a CPI (Consumer Price Index) of three percent (3 %) be applied to certain towing rates (See attached Permittees' Analysis). The summary (Table 2) of the Permittees' Analysis was inserted into the chart below for comparative purposes. At the direction of the FCWPC on December 27 th , the Administration updated its own research of towing rates in comparable jurisdictions, and also received_ data from the Permittees regarding towing rates from comparable jurisdictions. The table below has been updated as per discussions with the Permittees; however, this analysis reflects a single tow under a specific set of assumptions. The Permittees believe that the analysis should reflect - the various types of tows that occur during time. For example, a significant percent of tows may occur during normal work hours and while not a majority, when included in a blended analysis it will reflect a different ATF. The Permittees will present a different analysis based on the above at the FCWPC meeting. Maximum Allowable Towing Rates in Florida — The Average Tow Fee (ATF) is comprised of: • Class "A" Tow Fee • Administrative Fee • Mileage one (1) mile • Labor • After Hours Fee The Class "A" Tow Fee and the add -on fees mentioned above are the "mode" value fees (value fees that occurs most often) for Miami Beach public tows. In other words, the majority of tows are comprised of these fees. Discussion Regarding Towing Permits - Updated Finance & Citywide Projects Committee Meeting _ January 19, 2012 Page 3 of 10 Labor Total Adm per 15 After Cities In Florida ATF* Class A Fee Mileage min Hours Cltv Fee Bal Harbor $223.00 $115.00 $4 $3.00 $25.00 $0.00 $40.00 Fort Lauderdale (4) $159.80 $100.00 $30.00 $4.80 $25.00 $0.00 $0.00 (1) Jacksonville $204.03 $106.02 $0.00 (2) $3.04 $22.72 $57.25 $15.00 Key West $226.75 $135.00 $25.00 (7) $3.00 $33.75 $30.00 $0.00 Miami -Dade $161.25 $104.00 (8) $30.00 $3.00 $24.25 $0.00 $0.00 MPA $176.00 $118.00 $30.00 $5.00 $23.00 $0.00 $26.00 (1) Orlando $144.00 $125.00 $0.00 (3) $4.00 $15.00 $0.00 $0.00 Surlside (5) $205.00 $115.00 $30.00 $5.00 $25.00 $30.00 $40.00 (1) West Palm Beach $228.00 $130.00 $60.00 $5.00 $33.00 $0.00 $0.00 Palm Beach County $237.00 $156.00 $0.00 (9) $7.00 $39.00 $35.00 $0.00 Hillsborough County $264.00 $115.00 $75.00 $4.00 $20.00 $50.00 $0.00 Broward County $192.50 $105.00 $30.00 (6) . $0.00 $27.50 $0.00 $30.00 St: Lucie County $198.00 $100.00 $35.00 $3.00 $25.00 $35.00 $0.00 Indian River County $208.50 $119.00 $34.00 (6) $3.00 $12.50 $40.00 $0.00 Monroe County $271.75 $135.00 $25.00 (7) $3.00 $33.75 $75.00 $0.00 CMB CURRENT $205.00 1 $115.00 $30.00 1 $5.00 1 $25.00 1 $30.00 $25.00 (1). Average $206.54 $118.31 $29.63 $3.80 $25.59 $23.89 $11.00 Permittees' proposed rates applied to an average tow 2012 $241.00 $140.00 $35.00 $6.00 $30.00 $30.00 $30.00 2013 $259.00 $150.00 $41.00 $6.00 $32.00 $30.00 $35.00 2014 1 $269.00 1 $155.00 1 $44.00 1 $7.00 1 $33.00 J $30,00 1 $40.00 (1) City Fee is included in the Class A Fee (2) Adm Fee is $63.16 applied after 72 hours (3) Adm Fee is $50.00 applied after 48 hours (4) Permit Fee is annual /per zone (5) CMB Towing Permit Piggyback (6) Adm Fee applied per notification after 24 hrs (7) Adm Fee applied per notification after 24 hrs and up to $135 (8) Includes $3.00 Fuel Surcharge (9) $50 Adm Lien Fee after 24 hours Maximum Allowable Towing Rates in Florida - The Average Tow Fee (ATF) is the mode value (value that occurs most often) for Miami Beach and it includes fees assessed to the most common type of tow (Class A Tow). Please note that the Average Tow Fee (ATF) includes a Class "A" Tow Fee; Administrative Fee; Mileage one (1) mile; Labor; and After Hours Fee. Also, please note that the Permittees presented certain fees that are applicable in the jurisdictions they researched; however, these certain fees are not applicable to the mode value tow described in the examples below. Discussion Regarding Towing Permits - Updated Finance & Citywide Projects Committee Meeting January 19, 2012 Page 4 of 10 Based on the example above, the Permittees have proposed a rate increase that will raise the average tow fee to $269.00 over a three (3) year period. This represents a 31 % increase over the current Average Tow Fee. It should be noted that the Permittees will present a different analysis which takes into account a variety of tows that may result in a different percent increase. The Class "A" Tow Fee (the most common type of tow) is proposed by the Permittees to increase from .$115, over the three year period, to $155; or an increase of 35% over the current rate. The Permittees have also proposed to increase the City's fee, which they collect for the municipality, from the current $25 per tow, to $30 per tow in year one; $35 in year two; and up to a maximum of $40 in year three. it is important to note that for public tows, in addition to the tow fees incurred, a parking citation also accompanies the tow fee. Parking citation fines for towable infractions range between $23.00 and $250.00. The only notable exception is for vehicles that have an impound order for outstanding citations, and even under those circumstances all outstanding citations must be paid in order to retrieve the vehicle. I11. CONSUMER PRICE INDEX (CPI) SENSITIVITY ANALYSIS The FCWPC discussed the issue of indexing towing rates and directed the Administration to: (1) conduct a sensitivity analysis regarding the index (CPI) utilized by the Permittees in their analysis to determine the actual effect of compounding the CPI to towing rates over a long period; and (2) insert typical language used in other City ordinances, (such as the Business Tax Receipts Ordinance) related to an index or escalator for fees (See Attachment No. 1, Section 102- 379(a) — (c), which contains sample language previously developed for the BTR ordinance). In the alternative, the City Attorney's Office has also developed standard contract language, which it typically uses in leases, concession agreements, and other agreements that generate payments to the City, providing that the initial fee be increased by CPI or [X] percent, whichever is greater. However, similar language as that contained in Attachment No. 1 maybe better suited to the instant case. The Administration conducted its own indexing analysis utilizing CPI for the Miami -Fort Lauderdale area. Upon comparing both the Permittees and the Administration's indexing analysis, the variations ranged between $0.11 and $2.04 among the fee categories. Please refer to the tables below. Discussion Regarding Towing Permits - Updated Finance & Citywide Projects Committee Meeting January 19, 2012 Page 5 of 10 PERMITTEES' CPI Adjusted Rates from Applicable Base (2005) to FY2012 through FY2014 Outside Outside Class Outside Storage Fee Storage Fee - B &C Storage Any Vehicle Any Ve ice Class Towing Fee Motor <20ft L & <20ft L or "A" Tow Class "B" Class "C" Class "D" Fee Car Annual & Scooters <8ft W >8ft W. Fee Tow Fee Tow Fee Tow Fee Carrier CPI % YEAR 22.A.(2)(a) 22.A.(2)(b) 22.A.(2)(c) 22.13 22.0 22.D 22.E 22.F 2.80% 2005 $10.00 $25.00 $30.00 $115.00 $145.00 $175.00 $200.00 $138.23 4.70% 2006 $10.47 $26.18 $31.41 $120.41 $151.82 $183.23 $209.40 $144.73 4.909/o 2007 $10.98 $27.46 $32.95 $126.30 $159.25 $192.20 $219.66 $151.82 4.209/o 2008 $11.44 $28.61 $34.33 $131.61 $165.94 $200.28 $228.89 $158.19 4.60 2009 . $11.97 $29.93 $35.91 $137.66 $173.58 $209.49 $239.42 $165.47 -0.30% 2010 $11.93 $29.84 $35.80 $137.25 $173.06 $208.86 $238.70 $164.98 0.80% - 2011 $12.03 $30.08 $36.09 $138.35 $174.44 $210.53 $240.61 $166.30 3.70% 2012 $12.48 $31.19 $37.43 $143.47 $180.89 $218.32 $249.51 $172.45 3.00 %* 2013 $12.85 $32.12 $38.55 $147.77 $186.32 $224.87 $256.99 $177.62 3.00 %* 2014 1 $13.24 $33.09 $39.71 $152.20 $191.91 $231.62 $264.70 $182.95 CITY'S CPI Adjusted Rates from Applicable Base (2005) to FY2O12 through FY2014 Outside Storage Outside Class Outside Fee Any Storage Fee B &C Storage Fee Vehicle Any Vehicle Class "A" Class "B" Class "C" Class "D" Towing Motor & <20ft L & <20ft L or Tow Tow Tow Tow Fee Car Annual Scooters <8ft W >8ft W Fee Fee Fee Fee Carrier CPI% YEAR 22.A.(2)(a) 22.A.(2)(b) 22.A.(2)(c) 22.13 22.0 22.D 22.E 22.F 2.779/6 2005 $10.00 $25.00 $30.00 $115.00 $145.00 $175.00 $200.00 $138.23 4.69% 2006 $10.47 $26.17 $31.41 $120.39 $151.80 $183.20 $209.38 $144.71 4.94% 2007 $10.99 $27.46 $32.96 $126.34 $159.30 $192.25 $219.72 $151.86 4.16% 2008 $11.44 $28.61 $34.33 $131.60 $165.93 $200.26 $228.87 $158.18 4.58% 2009 $11.97 $29.92 $35.90 $137.63 $173.53 $209.43 $239.35 $165.43 -0.33% 2010 $11.93 $29.82 $35.78 $137.17 $172.96 $208.74 $238.56 $164.88 0.76% 2011 $12.02 $30.05 $36.06 $138.21 $174.27 $210.32 $240.37 $166.13 3.00 %* 2012 $12.38 $30.95 $37.14 $142.36 $179.50 $216.63 $247.58 $171.11 3.00 %* 2013 $12.75 $31.88 $38.25 $146.63 $184.88 $223.13 $255.01 $176.25 3.00 %* 2014 1 $13.13 $32.83 1 $39.40 $151.03 $190.43 $229.83 $262.66 $181.54 Diff $0.11 $0.26 $ 0.31 $1.17 $1.48 $1.79 $2.04 $1.41 Discussion Regarding Towing Permits- Updated Finance & Citywide Projects Committee Meeting January 19, 2012 ` Page 6 of 10 1V. AUDITING AND INSPECTION PROVISIONS Pursuant to the direction received from the FCWPC to enhance the audit provisions in the current Administrative Rules and Regulations (which govern public tows), to look at other existing audit provisions, in comparable business models, such as the language in the agreements between the City and Smith & Wollensky and the Boucher Bros, the Administration drafted the following language, which could be included in the Administrative Rules and Regulations (to expand upon the existing audit provisions). It is important to note that the agreed upon audit procedures for both of the aforementioned agreements require either an automated point of sale (POS) system; cash register, or comparable system. The industry specific POS and software system offered by Dispatch and Tracking Solutions (DTS) would provide the kind of safeguards, reporting; and auditing tools sought in this provision. The following is a draft of the proposed language for the provision. The agreed upon audit procedures would need to be developed jointly between the Permittees and the Administration. SECTION #. MAINTENANCE AND EXAMINATION OF RECORDS. Permittee shall maintain current, accurate, and complete financial records, on an accrual basis, related to its operations pursuant to this Permit. Systems and procedures used to maintain these records shall include a system of internal controls; all accounting records shall be maintained in accordance with generally accepted accounting principles; and shall be open to inspection, copying, and audit by the City Manager or his designee upon reasonable verbal or written notice, during normal hours of operation: Permittee shall maintain all such records at its principal office, currently located at Miami Beach. Florida, 33139, or, if moved to another location, all such records shall be relocated, at Permittee's sole expense, to a location in Miami Beach, within ten (10) days from notice of request for inspection from the City. Such records and accounts shall include, at a minimum, a breakdown of gross receipts, expenses, and profit and loss statements. Permittee shall maintain accurate receipt- printing cash services which will record and show the payment for every service provided. Such other records shall be maintained as would be required by an independent CPA in order to audit a statement of annual gross receipts and profit and loss statement pursuant to generally accepted accounting principles. Permittee records shall also be maintained for a period of three (3) years following expiration (or the termination) of this Permit (regardless of whether such termination results from the expiration of the Term or for any other reason). A monthly report of gross receipts must be submitted to the City Finance Department's Revenue Manager, no later than thirty (30) days after the close of each month during the Term herein. Permittee shall submit to the City's Finance Department's Revenue Manager, within sixty (60) days of the end of each contract year, an annual statement of gross receipts, along with any payment required pursuant to Section herein, in a form consistent with generally accepted accounting principles. Additionally, within one hundred twenty (120) °days of the end of each permit year, a report applying agreed -upon procedures shall be submitted to the City Finance Department's Revenue Manager, such statement shall be accompanied by a report from an independent CPA firm which shall perform certain agreed upon procedures, as described in Exhibit_, attached hereto. SECTION # INSPECTION AND AUDIT. Discussion Regarding Towing Permits- Updated Finance & Citywide Projects Committee Meeting January 19, 2012 Page 7 of 10 The City Manager or his designee shall be entitled to audit Permittee's records once a year throughout the Term, and three (3) times within the three (3) year period following expiration _ (or other termination) of this Permit. The City shall be responsible for paying all costs associated with such audit(s), unless the audit(s) reveals a deficiency of five (5%) percent or more in Permittee's statement of gross receipts for any year or years audited, in which case Permittee shall pay to the City, within thirty (30) days of the City deeming the audit final, the cost of the audit and a sum equal to the amount of the deficiency revealed by the audit, plus interest. These audits are in addition to periodic City audits of Resort Tax collections and payments (which are performed separately). It is Permittee's intent to stay informed of comments and suggestions by the City regarding Permittee's performance under the Agreement, Within thirty (30) days after the end of each contract year, Permittee's and the City may meet to review Permittee's performance under the Permit for the previous contract year. At the meeting, Permittee and the City may discuss quality, operational, maintenance and any other issues regarding Permittee's performance under the Permit. Nothing contained within this Section shall preclude the City's audit rights for Resort Tax collection purposes. V. DISMISSAL OF PENDING LAWSUiTSILEGAL ISSUES The City has been a party to the following litigation arising out of disputes between the two towing companies: 1. Beach Towing Services, Inc., v. The City Of Miami Beach, Case no. 11 -37364 CA 31, Eleventh Judicial Circuit, General Jurisdiction Division (complaint challenging the adoption of Ordinance 2008 -3617 on robotic and mechanical parking); 2. Beach Towing Services Of Miami, Inc., v. City Of Miami Beach, Case No. 11 -465 AP, Eleventh Judicial Circuit, Appellate Division (petition for writ of certiorari challenging the Board of Adjustment's opinion upholding the decisions of the Planning Director with respect to a towing garage in the 1-1 district); and 3. Beach Towing Services Of Miami, Inc., v. City Of Miami Beach, Case No. 11 -466 AP, Eleventh Judicial Circuit, Appellate Division (petition for writ of certiorari challenging the Board of Adjustment's opinion upholding the decisions of the Planning Director with respect to a towing garage in the 1 -1 district). The Plaintiff in case number"! has filed a notice of voluntary dismissal without prejudice. Case numbers 2 and 3 have been partially briefed, and await replies to be filed by the Petitioners. it is proposed that as a condition, of approval of Permit renewal, that the plaintiffs agree to dismiss, with prejudice, their lawsuits and petitions, within five (5) days of adoption of the Resolution, each party to bear their own costs and attorneys' fees, and with the City drafting the Orders of Dismissal. Further, since the Plaintiff has already dismissed case number 1, that it, and all related persons and entities, agree not to pursue any action against Ordinance No. 2008 - 3617, and not to encourage any other person or entity to file any administrative or judicial challenge to such Ordinance. VI. CITY'S IN -HOUSE TOWING INITIATIVE Discussion Regarding Towing Permits - Updated Finance & Citywide Projects Committee Meeting January 19, 2012 Page 8 of 10 The City Commission discussed the viability of storing City directed towed vehicles on Terminal Island on June 1, 2011. The Administration was directed to conduct a traffic impact study for the proposed facility on Terminal Island for the storage of towed vehicles. The results of that study were placed on the Neighborhoods and Community Affairs Committee agenda and, after deferring discussions for two months, the Committee decided, at its December 8, 2011 Meeting, to table this item until such time as the Commission decides to place it back on the agenda for discussion. On December 27, 2011, the FCWPC decided to have the discussion on this issue with the full Commission. The Committee instructed the Administration to ensure that the nearby home owner's association be notified of that upcoming discussion, It is anticipated that this issue will be placed on the City Commission's February agenda. VII. ACCOUNTABILITY AND ENHANCEMENTS - UPDATED The following enhancements were revisited during the meetings with Permittees and the results have been highlighted below in bold. • In- Vehicle Cameras (Video and Audio Recording) — Towing service providers would. be required to record video and audio of all tows, public and private, Recording equipment shall be mounted on the vehicle (wrecker) and any and all footage (videofaudio) shall be provided to the City, upon request. (Note: Permittees have acquiesced from their previous position and agreed to consider this as a requirement upon conducting further research and evaluation of the various systems proposed). • RSI /GPS Tracking Devices (Wreckers) - Radio Satellite Integrators (RSI) is a third party provider of state -of- the -art vehicle tracking systems. The City has contracted RSI to provide a web based vehicle tracking system to manage its fleet, including location, speed, and idle times of City vehicles. Each towing service provider would be required to engage RSI and deploy GPS tracking devices for all wreckers and /or service vehicles; and would be required to provide access to the RSI system to the Police and Parking Departments. (Note: Permittees have acquiesced from their previous position and agreed to consider this as a requirement upon conducting further research and evaluation of the various systems proposed). • Towing Software (Dispatch and Tracking Solutions) - Dispatch and Tracking Services (DTS) — DTS is a third party provider of state -of- the -art towing software, Each towing service provider shall be required to engage DTS, a web based towing software provider, to manage public and private property tows. Both towing service providers would be required to use the DTS system for all tows, A DTS tow fee is assessed for each tow. (Note: Permittees have acquiesced from their previous position and agreed to consider this as a requirement upon conducting further research and evaluation of the various systems proposed). • Temporary [Towed] Vehicle Storage, The Administration recommends an amendment to the City Code allowing for temporary storage of towed vehicles during high impact events in the City. (Note: Permittees have acquiesced from their previous position and agreed to this provision). Discussfon Regarding Towing Permlis- Updated Finance & Citywide Projects Committee Meeting January 19, 2012 Page 9 of 10 • Defamation Provision (video /audio depiction of public tows) — This provision is intended to develop protections for the City from potential defamation that may arise from towing service providers intending to either pursue on their own or engage a third party to film depictions of public property tows. (Note: This was previously agreed to by both Permittees and can be required by the Permit). • Employee Drug Screening - Towing service providers would perform drug test screening on all employees and provide pass /fail results to the City upon request. (Note: This was previously agreed to by both Permittees and can be required by the Permit). • Drivers License Screening — Each towing service provider would perform driver's license screening on all employees with driving responsibilities. (Note: This was previously agreed to by both Permittees and can be required by the Permit). • Uniforms — Towing service providers would be required to provide all employees with uniforms. Uniforms shall be approved by the City Manager or his designee. (Note: This was previously agreed to by both Permittees and can be required by the Permit). • Penalties /Fine Schedule — The existing towing permits allow the City Manager to suspend the permit for a period of time as a penalty. The Administration recommends a fine schedule, as a financial disincentive, for violation(s) of the towing permit. Fines for typical violations may include, but are not limited to: employees out of uniform; illegal storage of vehicles; overcharging /assessment of drop fees; violations of the conditional use requirements, etc. (Note: Both Permittees have agreed to continue discussing this issue). • Extend the number of hours of storage at no charge to the customer from eight (8) hours to 12 hours. (Note: Permittees have not agreed to this provision). CONCLUSION The Administration seeks further policy direction regarding the proposed revisions to towing rate increases; public benefits for Miami Beach residents; permit requirements /enhancements; accountability; and legal issues. JMG /F F:\cmgr\$ALL \JGG \Finance Memos\ ToWngPerm itReferralFCPCJan192012(3) mem.docx 1 Discussion Regarding Towing Permits- Updated Finance & Cftywide Projects Committee Meeting January 19, 2012 Page 10 of 10 Attachment No. 1 .Sec. 102 -379. - Schedule of taxes, effective October 1, 2009. Business taxes for the following businesses, occupations or professions are hereby levied and imposed as follows: fib)' Effective on October 1, 2005 (fiscal year 2005- 2006), the following: business taxes will be increased by five percent rounded to the nearest dollar, and further increased by five percent every other, year on October 1, until such taxes /fees_ have caught up with the cumulative percentage change in the Consumer Price Index . (CPI) measure between June 1994 through March 2003, which is 24.5 percent; further providing for another change equal to the' cumulative percentage change in the CPI from March 2003 to September_ 2011. (c) FAs provided in Resolution No. 2003 - 25299, a review of the annual .11 permit fee /business tax will be required whenever the change in' ;the Consumer Price Lndex CPL , between the latest CPI and the; date of the CPI used for the last tax/fee adjustment, is five' is .percent _orgreaten --------------- - - - - - -- MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfi.gov COMMITTEE MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: City Manager Jorge M. Gonzalez DATE: February 8, 2012 SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING OF December 27, 2011. OLD BUSINESS NEW BUSINESS 1. Discussion regarding the Miss USA Pageant ACTION Chairperson Weithorn suggested that administration continue to work with Miss USA® to negotiate an agreement between the City and its partners, not to exceed $250,000. If successful, the agreement would be brought to the City Commission for approval. Max Sklar, Director of Tourism & Cultural Development, presented the item. At the beginning of December 2011, ACT Productions and the Green Agency approached the City, the Greater Miami Convention Center and Visitors Bureau (GMCVB) - and Miami Beach Visitor and Convention Authority (VCA) about the opportunity of the City hosting the Miss USA ® pageant in Miami Beach in 2012. The Miss Universe Organization produces the internationally recognized MISS UNIVERSE@, MISS USA® and MISS TEEN USA® competitions. The MISS UNIVERSE® and MISS USA® competitions air as live specials and consistently rank among the most watched television programming in the world. Miss Universe Organization L.P., LLLP is a Donald J. Trump and NBC Universal joint venture. NBC Universal broadcasts the MISS USA® and MISS UNIVERSE® competitions live during prime time in the United States. NBC Universal distributes the shows to international markets (approximately 170 countries). The three events are packaged together for international distribution. NBCUniversal promotes the live telecast prior to the air date, which provides exposure to the host 1 - Agenda Item C& 9 101 Bate �� /L destination. The pageant is also distributed to over 90 countries and territories worldwide. Miss USA® was watched by 1 in 17 Americans in 2011 and also has a large internet presence that generates millions of impressions. The first eight years of competition (1952 -1959) the Miss USA® pageant was held in Long Beach, California. The competition moved to Miami Beach, Florida in 1960 and stayed in Miami Beach, with the exception of 1962, until 1971. In order to host the MISS USA® Pageant in Miami Beach, the host organization is required to raise cash and /or in- kind support to cover the production expenses for the event. It is expected that the host organization will seek third party sponsorships in order to help meet the cash /in -kind needs necessary to successfully host the pageant; these sponsorships cannot conflict with any current pageant sponsorships. The original cash and in -kind requirement discussed with the MISS USA® representatives totaled approximately $3,000,000. This total requirement included costs for the pageant venue; hotel rooms and meals (contestants and staff); security; community events; staging; production; local transportation; and airfare, among others. In exchange for this commitment, the Host Organization is considered the "Official Sponsor" of the pageant, receives approximately eight (8) minutes of destination primetime television exposure and audio mentions during the broadcast on NBC and in pre and post pageant coverage, receives a local economic tourism impact for three (3) weeks leading up to the pageant, as well as other promotional opportunities. The 2012 pageant will be televised on June 3, 2012. Pre - pageant events would lead up to the show, and could include events both in the City and outside of the City. In order to accommodate the necessary production needs, the pageant would need to be produced in the Miami Beach Convention Center, which impacts production costs as compared to the use of an established theater or performing arts facility; the Fillmore Miami Beach at the Jackie Gleason is not large enough for this event. Following the December 19, 2011 Commission meeting, ACT Productions reported to staff that the cash and in -kind requirement could potentially be reduced to $1,000,000 pending further discussions /negotiations. Mr. Sklar stated that he felt that if the cash and in -kind requirement could be reduced to $500,000 the event would be feasible and that a rent waiver at the Convention Center would be required for the pageant. Chairperson Deede Weithorn asked what the cost would be to the City. Mr. Sklar stated that it would depend on amount of funding provided from other sources. City Manager Jorge Gonzalez stated that it would be approximately $150,000 - $200,000. Discussion ensued. Commissioner Jonah Wolfson felt that the GMCVB, as a partner with the City, should do all they can to make the event happen. Commissioner Jerry Libbin was concerned about scheduling the Miss USA pageant during Memorial Day Weekend.this year. Commissioner Jorge Exposito asked what the time frame was for making the decision. Mr. Sklar stated that the decision on where the pageant would be held would be made in the next few weeks. Commissioner Michael Gongora was in favor of the event if the amount of cash/in -kind requirement was reduced to something 'that the City could afford and suggested that the City try to host the Latin Grammy Awards again. Chairperson Weithorn asked Chief Financial Officer Patricia Walker if Resort Tax has exceeded expectations so far this year. Ms. Walker stated that it has exceeded expectations so far. Chairperson Weithorn suggested that administration continue to work with Miss USA® to negotiate an agreement between the City and its partners, not to exceed $250,000. If successful, the agreement would be brought to the City Commission for approval. 2. Discussion regarding towing permits 2 102 ACTION City Attorney Jose Smith is to send a copy of the Notice to Dismiss to Commissioner Michael Gongora. The Committee requested that Staff do a sensitivity analysis using other rates for the increase of the towing rate, send a copy of the provisions for auditing the towing permitees to the full Commission, that an additional public benefit be proposed, that Staff verify the Rate Analysis that was included in the memo, and that the towing permitees present cities that they feel are comparable for comparison. The Committee also referred the discussion regarding Terminal Island to the full Commission and asked that the neighborhoods that are affected be notified so that they may have the right to respond. Assistant City Manager Jorge Gomez presented the item and gave a synopsis of the memo. Commissioner Jorge Exposito asked what the reasoning was behind requiring in- vehicle cameras, GPS tracking and what the costs were. Parking Director Saul Frances stated that the reason was for protection of not only for the City but the towing operators as well. The in- vehicle cameras would provide a visual picture of what took place when the vehicle was being towed and the GPS tracking would ensure that the vehicle was being taken to the correct storage location. Mr. Frances stated that the in- vehicle cameras have not been priced yet, but the GPS tracking system would cost approximately $300 per vehicle for installation and approximately $20 per month for monitoring services. Commissioner Jerry Libbin asked who was establishing the request for the rate increase. Mr. Gomez stated that the rates were proposed by the towing companies. Commissioner Ed Tobin asked how much revenue was generated by City tows. Mr. Frances stated that last year there were approximately 14,000 tows between the Police and Parking Departments, and at the Average Tow Fee of $205 minus the City Fee of $25 would be approximately $2.5 million. Commissioner Tobin was concerned that the towing companies stated that they were operating at a loss when approximately $2.5' million dollars of revenue was generated by the City contract alone. Commissioner Michael Gongora asked for clarification on the one -time only resident discount. Mr. Andrade stated that it was intended to be a onetime per company per resident discount, a once in a lifetime discount for residents. Commissioner Gongora stated that he would like to see that changed and asked what the proposed rate increase was based upon. Mr. Andrade stated that the proposed rate increase was based upon Consumer Price Index (CPI) increases. Commissioner Gongora then asked what percentage the rate increased when the last increase was implemented. City Manager Jorge Gonzalez stated that in 2004 the Class A fee was $95 and was raised $10 each year for two (2) years, the Admin fee was raised from $25 to $30, the afterhours fee was raised from zero to $30 and the Labor fee was increased from zero to $20 and then $25. Chairperson Deede Weithom asked how many years the 2004 increase was adjusting for. Mr. Frances stated that is was for a four (4) year period. Chairperson Weithorn then opened the floor to public comment. Miami Beach Resident Frank Del Vecchio stated that he reviewed the City Code, State Statutes and County code regarding towing and felt that the public interest was not being served. Mr. Del Vecchio suggested the City look at booting vehicles, and suggested that an audit of the towing companies be performed. Discussion ensued. Lobbyist David Custin suggested that the City freeze the City Fee portion of the Tow Fee. Ralph Andrade, attorney for Beach Towing, distributed a revised proposed towing resolution. Chief Deputy City Attorney Raul Aguila noted some of the changes that were made on the revised proposed resolution which included changing the extension dates from January 1, 2012 through December 31, 3 103 2014 to February 1, 2012 through January 31, 2015 and then asked if the clause relating to - the litigation, which was a condition of the approval of the resolution, that the petitioner agree to drop the lawsuits with prejudice, was omitted in error. Mr. Andrade stated that one lawsuit had already been voluntarily dismissed. Mr. Aguila stated that the lawsuit that had already been dismissed was done so without prejudice and that the City was requesting that all three lawsuits be dismissed with prejudice and that each party bear their own attorneys' fees and costs. Discussion ensued. City Attorney Jose Smith stated that he would submit the Notice to Dismiss to Mr. Andrade and copy Commissioner Michael Gongora. The Committee requested that Staff do a sensitivity. analysis using other rates for the increase of the towing rate, send a copy of the provisions for auditing the towing permitees to the full Commission, that an additional public benefit be proposed, that Staff verify the Rate Analysis that was included in the memo, and that the towing permitees submit to Parking Director Saul Frances, cities that they feel are comparable for comparison. The Committee also referred the discussion regarding Terminal Island to the full Commission and asked that the neighborhoods that are affected be notified so that they may have the right to respond. 4 104 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.mlcmibeachfi.gov COMMITTEE MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission FROM: City Manager Jorge M. Gonzalez DATE: December 27, 2011 This shall serve as written notice that a meeting of the Finance and Citywide Projects Committee has been scheduled for December 27, 2011, at 5:00 P.M. in the City, Manager's Large Conference Room. The agenda is as follows: OLD BUSINESS REPORTS NEW BUSINESS 1. Discussion regarding the Miss USA Pageant Hilda Fernandez— Assistant City Manager 2. Discussion regarding towing permits Jorge Gomez — Assistant City Manager JMG/PDW/rs/th To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and /or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service), Cc. Mayor and Members of the City Commission Management Team E M Under Separate Cover I i t E M T W O 4 I . I \v d A / ,,{/ ".d BEACH OFFICE OF THE CITY MANAGER COMMITTEE MEMORANDUM TO: Finance and Citywide Projects Committee FROM: Jorge M. Gonzalez, City Manager_ DATE: December 27, 2011 SUBJECT: DISCUSSION REGARDING TOWING PERMITS On December 14, 2011, the Mayor and Commission, via Agenda Item No. R713, referred a discussion item to the Finance and Citywide Projects Committee regarding the City's towing permits with Beach Towing and Tremont Towing and the following related issues; maximum allowable towing rates /discountfor Miami Beach residents; permit requirements /enhancements; accountability; legal issues; and the City's in -house towing Initiative. Additionally, the Mayor and City Commission approved a month -to -month extension commencing on January 1, 2012 and expiring on June 30, 2012. The Administration began meeting with the Towing Permittees in early November to discuss the terms of the renewal /extension of the towing permits. No consensus had been achieved during several rounds of meetings, as such; staff was recommending for the extension of the towing permits on a month to month basis and was requesting direction from the policy makers. The discussions were to center on certain requirements that would enhance accountability and Increase operational accountability. The following provisions were identified for discussion: CONDITIONAL USE REQUIREMENTS The City's Planning Board required a number of conditions for Tremont Towing at their current location as well as to the site proposal for the relocation at 1861 Bay Road. The Administration recommends that any conditions that mitigate the impact of the operation on the surrounding neighborhood also be required of both towing service providers. These conditions include but are not limited to: on -site cameras; restricted access to the facility through the neighborhood, landscaping, etc. (Note: The Permittees have not agreed to this). ACCOUNTABILITY • In- Vehicle Cameras Video and Audio Recording) — Towing service providers would be required to record video and audio of all tows, public and private. Recording equipment shall be mounted on the vehicle (wrecker) and any and all footage (video /audio) shall be provided to the City, upon request. (Note: Permittees have only agreed to do this at their sole discretion). • RSI /GPS Tracking Devices (Wreckers) - Radio Satellite Integrators (RSI) is a third party provider of state -of- the -art vehicle tracking systems. The City has contracted RSI to- provide a web based vehicle tracking system to manage its fleet, including location, speed, and idle times of City vehicles. Each towing service provider would be required to engage RSI and deploy GPS tracking devices for all wreckers and /or service vehicles; and would be required to provide access to the RSI system to the Police and Parking Departments. (Note: Permittees have only agreed to do this at their sole discretion). i Discussion Regarding Towing Permits December27, 2091 Finance & Citywide Projects Committee Meeting Page 2 of 5 + Towing Software (Dispatch and Tracking Solutions) - Dispatch and Tracking Services. (DTS) — DTS is a third party provider of state- of-the -art towing software. Each towing service provider shall be required to engage DTS, a web based towing software provider, to manage public and private property tows. Both towing service providers would be required to use the DTS system for all tows. A DTS tow fee is assessed for each tow. (Note: Permittees have only agreed to do this at their sole discretion). • Defamation Provision (video /audio depiction of public tows) —This provision is intended to develop protections for the City from potential defamation that may arise from towing service providers intending to either pursue on their own or engage.a third party to film depictions of public property tows. (Note: This was agreed to by both Permittees and can be required by the permit). • Employee Drug Screening - Towing service providers would perform drug test screening on all employees and provide pass/fail results to the City upon request. . (Note: This was agreed to by both Permittees and can be required by the permit). • Drivers License Screening —Each towing service providerwould perform driver's license screening on all employees with driving responsibilities. (Note: This was agreed to by both Permittees and can be required by the permit). • Penalties /Fine Schedule — The existing towing permit with both towing services providers allows for the City Manager to suspend the towing permit for a period of time as a penalty. The Administration recommends a fine schedule, as a financial disincentive, forviolation(s) of the towing permit. Fines for typical violations may include but are not limited to; employees out of uniform; illegal storage of vehicles; overcharging /assessment of drop fees; violations of the conditional use requirements, etc. (Note: Both Permittees have agreed to continue discussing this issue). ENHANCE OPERATIONAL. EFFICIENCIES • Uniforms -- Towing service providers would be required to provide all employees with uniforms. Uniforms shall be approved by the City Manager or his designee. . (Note: This was agreed to by both Permittees and can be required by the permit). • Temporary [Towed) Vehicle Storage —The Administration recommends an amendmentto the City Code allowing for temporary storage of towed vehicles during high impact events in the City. (Note: Permittees have not agreed to this provision). • Extend the number of hours of storage at no charge to the customer from eight (8) hours to 12 hours. (Note: Permittees have not agreed to this provision). FINANCE AND CITYWIDE PROJECTS COMMITTEE (FCWPC) — PERMITTEES' RATES ANALYSIS At the December 6, 2011, Finance and Citywide Projects Committee (FCW PC), the Permittees jointly provided an analysis of the maximum allowable towing rates. The analysis suggests that the current towing rates are inadequate since they have not been Increased since 2004. The analysis further suggests that a CPI (Consumer Price Index) of three percent (3 %) be applied to i Dfscussion Regarding Towing Permits December 27, 2099 Finance & Citywide Projects Committee Meeting Page 3 of 5 certain towing rates (see attached Permittees' Analysis). The summary (Table 2) of the Permittees' Analysis was inserted into the chart for comparative purposes. The Administration conducted a surrey of maximum allowable towing rates for local and regional jurisdictions. The survey below identifies Miami Beach as having the highest maximum allowable rates locally (Miami -Dade and Broward Counties) and second highest in the State of Florida, second only to Key West. RATE ANALYSIS Maximum Allowable Towing Rates in Florida - Please note that the Average Tow Fee (ATF) includes a Class "A" Tow; Administrative Fee; Mileage one (1) mile; Labor; and After Hours Fee. Total Adm After City Cities in Florida ATF* Class A Fee -Mileage Labor Hours Fee * ** Bal Harbor ** $205.00 $115.00 $30.00 $5.00 $25.00 $30.00 $40.00 Coral Gables $138.50 $88.00 $25.00 $3.50 $22.00 $0.00 $25.00 Fort Lauderdale $134.80 $100.00 $30.00 $4.80 $0.00 $0.00 $0.00 Jacksonville $176.65 $91.75 $0.00 $2.62 $32.76 $49.52 $15.00 Key West $163.00 $135.00 $25.00 $3.00 $0.00 $0,00 $0.00 Miami Dade $134.00 $101.00 $30.00 $3.00 $0.00 $0.00 $0.00 MPA $168.00 $113.00 $30.00 $3.00 $22.00 $0.00 $25.00 Orlando $150.00 $100.00 $50.00, $0.00 $0.00 $0.00 $0.00 Surfside ** $205.00 $115.00 $30.00 $5.00 $25.00 $30.00 $25.00 CMB (CURRENT) $205.00 $115.00 $30.00 $5,00 $25.00 $30.00 $25.00 Average $168.00 $107.38 $28,00 $3,49 $15.18 $13.95 $15.50 Permittees' Proposed rates applied to an average tow 2012 $241.00 $140.00 $35.00 $6.00 $30.00 $30.00 $30,OD 2013 $259.00 $150.00 $41.00 $6.00 $32.00 $30.00 $35.00 2014 $269.00 $155.00 $44.00 $7.00 $33,00 $30.00 $40.00 NOTES: * *CMB Towing Permit Piggyback ** *City Fee is Included in the Class A Fee The Permittees have proposed a rate increase that will raise the average tow fee to $269.00 over a three year period. This represents a 31 % increase over the current Average Tow Fee, The Class "A" Tow Fee (the most common type of tow) is proposed by the Permittees to increase from $115, over the three year period, to $155, or an increase of 35°% over the current rate. The Pemittees have also proposed to increase the City's fee, which they collect for the municipality, from the current $25 per tow to $30 per tow in year one, $35 in year two, up to the maximum of $40 in year three. PUBLIC BENEFITS The Administration was also seeking to include a public benefit provision in the discussions with the Permittees. At the December 14, 2011 Commission Meeting, both Permittees agreed to Discussion Regarding Towing Permits December27, 2099 Finance & Citywide Projects Committee Meeting Page 4 of 5 provide Miami Beach residents, with proof of residency, a twenty percent (20 %) discount for all towing services. The Administration met with both Permittees on December 20, 2011, to discuss the public benefit proffered by the Permittees. The Resident Discount proffered by the Permittees is as follows: " • Twenty percent (20 %) discount to Miami Beach residents for public (City) tows only. • Resident must provide proof of residency within the City limits and their driver's license Information must match with the vehicle registration information. • Discount may be applied one -time only to residents. Permittee will track issuance of discounts to residents. • 20% discount would also be applicable to the City's Fee. Additionally, the Permittees proffered a formal "Internal Review" process to address citizen complaints. TOWING PERMIT ENHANCEMENTS At the direction of the FCWPC, the Administration met with both Permittees on December 8, 2011, staff reviewed the proposed rate of increase and discussed with the Permittees certain enhancements to the towing permits. Both Permittees agreed to the following enhancements, as requirements, of the towing permits: • Uniforms — Towing service providers shall be required to provide all employees with uniforms. Uniforms shall be approved by the City Manager or his designee. • Employee Drug Screening - Towing service providers shall perform drug test screening on all employees and provide pass/fall results to the City upon request. • 'Drivers License Screening — Each towing service provider shall perform driver's license screening on all employees with driving responsibilities. • Reduce storage requirement within the City limits from seven (7) days to one (1) day. . • Temporary [Towed] Vehicle Storage — An amendment to the City Code is necessary to allow temporary storage of towed vehicles in locations other than currently permitted by the City Code during high impact events in the City. Both Permittees agreed that the following list of enhancements be considered on a voluntary basis. It should be noted that Tremont Towing agreed to implement thefollowing enhancements; however, Beach Towing, has decided not to implement any of the enhancements at this time: • In- Vehicle Cameras (Video and Audio Recording) — Towing service providers would be required to record video and audio of all tows, public and private. Recording equipment shall be mounted on the vehicle (wrecker) and any and all footage (video /audio) shall be provided to the City, upon request. • RSl /GPS Tracking Devices (Wreckers) - Radio Satellite Integrators (RSI) is a third party provider of state -of- the -art vehicle tracking systems. The City has contracted RSI to provide a web based vehicle tracking system to manage its fleet, including location, speed, and idle times of City vehicles. Each towing service provider would be required to engage RSI and deploy GPS tracking devices for all wreckers and /or service vehicles; and would be required to provide access to the RSI.system to the Police and Parking Discussion Regarding Towing Permits December 27, 2011 Finance & Citywide Projects Committee Meeting Page 5 of 5 Departments, Towing Software (Dispatch and Tracking Solutions) - Dispatch and Tracking Services (DTS) — DTS is a third party provider of state -of- the -art towing software. Each towing service provider shall be required to engage DTS, a web based towing software provider, to manage public and private property tows. Both towing service providers would be required to use the DTS system for all tows. A DTS tow fee is assessed for each tow. The Permittees have also requested to reduce the minimum number of days a vehicle is required to remain within city limits from seven days to one day. ENFORCEMENT PROVISION Both Permittees have agreed to include an "Enforcement" provision to the towing permit to ; ensure accountability and protections. The Enforcement provision shall be jointly developed between the Administration and both Permittees and shall be substantially based upon: (1) Minor Violations such as: employee uniforms; distribution of Towing Bill of Rights information; etc. and (2) Major Violations such as: overcharging; illegal storage; etc. LEGAL ISSUES Beach Towing has dismissed one of its lawsuits against the City without prejudice, challenging the adoption of the robotic mechanical parking ordinance. CITY'S IN -HOUSE TOWING INITIATIVE The City Commission discussed the viability of storing City directed towed vehicles on Terminal Island on June 1, 2011. The Administration was directed to conduct a traffic impact studyforthe proposed facility on Terminal Island for the storage of towed vehicles. The results of that study were placed on the Neighborhoods and Community Affairs Committee agenda and after deferring discussions for two months, the Committee decided at the December 8, 2011 meeting to table this item until such time as the Commission decides to place it back on the agenda for discussion. CONCLUSION The Administration seeks further policy direction regarding the proposed increases, the discount proffered for Miami Beach residents; permit requirements/enhancements; accountability; and legal issues. The Administration is also seeking policy direction on the issue of Terminal Island as the matter was tabled indefinitely by the Neighborhoods end Community Affairs Committee. Attachments JMG /JGG /SF F;\ Ping \Saul\FlnanceCommittee \Towing PermitReferralFCPCDec272011 .mem.doc MAXIMUM ALLOWABLE TOWING RATES - PROPOSED AMENDMENTS • Outside Exterior Storage for Motorcycles increases from $10 to $12 per day. • Outside Exterior Storage for vehicles less* than 20 feet in length increases from $25 to $30, and $36, effective as of January 1, 2014; • Outside Exterior Storage for any vehicle over 20 feet in length increases from $30 to $35; and $44,. effective as of January 1,2014. • Tow Rate Class "A" Increases from $115, to $140, and $150, effective as of January 1, 2013, and $155, effective as of January 1, 2014; • Tow Rate Class "B" increases from $145, to $165, and $180, effective as of January 1, 2013, and $190, effective as of January 1, 2014; • Tow Rate Class "C" increases from $175 to $200, and $220, effective as of January 1, -2013; and $230, effective as of January 1, 2014; Tow Rate Class "D° increases from $200 to $230, and $250, effective as of January 1, 2013; and $255, effective as of January 1, 2014; • Tow Rate Class "B" and "C' Car Carrier increases from $125 to $145, and $160; . effective as of January 1, 2013, and $180, effective as of January 1, 2014; • Special and Additional Charges (Extra Labor or Waiting Time) increases from $16.50 to $20, and $22, effective as of January 1, 2013; and $24, effective as of January 1, 2014; • Mileage increases from $5 to $6 per mile, and $7, effective as of January 1, 2014; Administrative Fee increases from $30 to $35, and $41, effective as of January 1, 2013; and $44, effective as of January 1, 2014; • Dollies and Flatbed Services, increases from $35 to $40, and $47; effective as of January 1, 2013; and $50, effective as of January 1, 2014; • Labor to Engage Tow (not an automatic fee), increases from $25 to $30, and $32, effective as of January 1, 2013; and $33, effective as of January 1, 2014; • Administrative Charge (not an automatic fee), increases from $30 to $35; and $40, effective as of January 1, 2013; and $43, effective as of January 1, 2014; and i J,w ..t Bench Towing Services, hic. : \\ \f.1SIS I i Cm 1131 I 1 R, II S } City of Miami Beach i } ! \'. \f 1 �i� t\ �! I'I`e .I :' � tI 1 \II \171 \c • �1 � 1 Et � \+ '_. 1 \ I E I I.t i� \I \ �,l \it \t \II{t\4 MI RU I% at1 Iin t ill (tf \11\\Il"I it \I 1 Itt III MI Pit d I %I It MIf A144AI KItl' \RiNI \t \f,i'ilt \ill itl \1"11) \ \It \1 it\ M) it. 11 . HN I`.( kl 1 I \t lilt R I H N i t' 1:1 1 t { t t 1111 \\\1 \1 l t t\s1 111 R 1'i {It I 1 \ {'!I \Ittit I \V1 \ \ti + ctlt P \1 Mom N tiltmmi I 'tui!at 1RI II It i 1 f _ I i I I } i I f e 1 } t i - i i 1 - (:a:rtiticd PuhliC :1rc {,tfntruIrs • IaL;; j \C'ti '�craiuc December b. 2011 Beach Towing Services, 1ue. 1349 We FWulemrd Mami MO. FkAda To TA Half of Director's: Following is the analysis requested and adopted by your management relating to the increase or the Nbximum Allmublc Toeing Rates liar 1=Y2012 through FY201 1. from the base rate o.C.1= Y2f)0 -1. or earlim adjusted by the Consumer Price index applicable to the Mianti - Fort LaUdurdole area. The FYNM4 Maximtun Allowable Towing Rates were obtained from the City of Miami Beach AdiMstOve Rules and Regulations For Police and Parking ToWng Permits. Revised as of My 212009 {See Appendix l of the ;analysis), which rates were recommended in the C'ouimission ivlcmorandum dated January 14. 2004 (sec Appendix 2 of the Analysis). The anatysis is intended for internal use Only and your managmcmenI's presentation ta'tlle Mayor and City Commission or the City of Miami Beach, Florida, which is responsible Cur setting the Maximum_ Allowable TowMg Rates and should not be used for any other purpose. The actual resuhs may \Try kom those presented. and the mintions may be material. tr <iccres & Gomez. CPA, P.L. I Over the past ten years there has been a substantial increase in the CPI published by the U.S. Bureau of Labor Statistics. The increase translates to an average CPI annual increase of about 2.97% over a 10 year period or an increase in expenses of about the same rate. More importantly, CPI adjustments increased at a rate of 4.7% in 2005, 4.90% in 2006, 4.20 %Q In 2007, and 4.60% in 2008. The CPI decreased at a rate of -0.30% in 2009. The CPl increased at a rate of 0.80% in 2010. The trend for 2011 is a CPI increase of approximately 3.70 %. The data tables from the U.S. Bureau of Labor Statistics are attached hereto in as Appendix "3." The rapid rise in costs has severely dampened the financial sustainability of operating a towing business in the City of Miami Beach, particularly if the Maximum Allowable Towing Rates are not adjusted in a timely manner. The rates have remained stagnant ranging from . 2001 for several fees and for all fees since January 14, 2004, resulting in unavoidable fosses of income for companies engaged in the towing business In the City of Miami Beach. Thus, Beach Towing Services, Inc., believes the CPI increases from the base rates ranging from 2001 and from the 2004 to the present warrant an increase to the "Maximum Allowable Rates," set forth in Section 22 of the City of Miami City of Miami Beach Administrative Rules and Regtalations For Police and Parking Towing Permits, Revised as of July 22, 2009 (attached hereto as Appendix °1 "). It Is vital to note that the same conditions and justifications cited in the Commission Memorandum dated January 14, 2004 (attached hereto as Appendix "2 "), to warrant an increase to Maximum Allowable Towing Rates are present today. The following Table 1, broken out into two (2) pages, reflects the application of the CPI to the FY2004 Maximum Allowable Towing Rates. Immediately following the CPI calculations are Beach Towing Services, Inc., proposed blended rates (rounder] for simplicity) until such time as the rates approximate the CPI adjusted rates through FY 2014. 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