Supplemental_11May2011lD MIAMI BEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
May 11, 2011
Mayor Matti Herrera Bower
Vice-Mayor Jonah Wolfson
Commissioner Jorge Exposito
Commissioner Michael G6ngora
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
City Manager Jorge M. Gonzalez
City Attorney Jose Smith
City Clerk Robert E. Parcher
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
C7 -Resolutions
C7C A Resolution Accepting The Recommendation Of The City Manager Pertaining To The
Ranking Of Architectural And Engineering Proposals, Pursuant To Request For Qualifications
(RFQ) No. 22-10/11, For Resident Project Representative Services For Right-Of-Way
Improvements To Neighborhood No.8 Central Bayshore (Package A), Lower North Bay Road
(Package B), And Lake Pancoast (Package C); Authorizing The Administration To Enter Into
Negotiations For Packages A, B, & C With The Top-Ranked Proposer, Atkins (PBS&J); And
Should The Administration Not Be Successful In Negotiating An Agreement With The Top-
Ranked Proposer, Authorizing Negotiations With The Second-Ranked Proposer, Calvin
Giordano & Associates Inc.; And Should The Administration Not Be Successful In Negotiating
An Agreement With The Second-Ranked Proposer, Authorizing Negotiations With The Third-
Ranked Proposer, A & P Consulting Transportation Engineers, Corp.
(Capital Improvement Projects/Procurement)
(Resolution)
1
Supplemental Agenda, May 11, 2011
C7 -Resolutions (Continued)
C7H A Resolution Approving And Authorizing The Mayor And. City Clerk To Execute Amendment No.3 To
The Agreement Between The State Of Florida Department Of Community Affairs (DCA) And The City,
Dated November 24, 2009, For The Allocation Of NSP1 Funds; And Also Approving And Authorizing
The Mayor And City Clerk To Execute Amendment No.5 To The Related Agreement Between The
City And Miami Beach Community Development Corporation (MBCDC), Dated January 21,2010, For
The Allocation Of NSP1 Funds; Said Amendments Extending The Respective Terms Of Each
Agreement To Coincide With The Expiration Date Of The Program On March 1,2013, And Amending
Both Agreements To Facilitate The Draw Down Of Funds.
(Real Estate, Housing & Community Development)
(Resolution)
R7 -Resolutions
R7 A A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of
Proposals Pursuant To Request For Proposals (RFP) No 17-10/11, For Parking Attendants ForThe
City's Parking Garages; Authorizing The Administration To Enter Into Negotiations With The Top-
Ranked Proposer, Standard Parking Corporation, And Should The Administration Not Be Successful
In Negotiating An Agreement With The Top-Ranked Proposer, Authorizing The Administration To
Negotiate With The Second-Ranked Proposer, Seven One Seven Parking Enterprises; And Further
Authorizing The Mayor And City Clerk To Execute An Agreement Upon Completion Of Successful
Negotiations By The Administration.
(Parking Department/Procurement)
(Resolution)
R9 -New Business and Commission Requests
R91 Discussion Regarding A Request From Tremont Towing To Amend Their Towing Permit Minimum
Requirements For Vehicle Storage.
(Requested by Commissioner Jerry Libbin)
(Memorandum)
2
ii
RESOLUTION NO. ____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF ARCHITECTURAL AND
ENGINEERING PROPOSALS, PURSUANT TO REQUEST FOR QUALIFICATIONS
(RFQ) NO. 22-10/11, FOR RESIDENT PROJECT REPRESENTATIVE SERVICES
FOR RIGHT-OF-WAY IMPROVEMENTS TO NEIGHBORHOOD NO.8 CENTRAL
BAYSHORE (PACKAGE A), LOWER NORTH BAY ROAD (PACKAGE B), AND
LAKE PANCOAST (PACKAGE C); AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS FOR PACKAGES A, B, & C WITH THE TOP-
RANKED PROPOSER, ATKINS (PBS&J); AND SHOULD THE ADMINISTRATION
NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP-
RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE SECOND-
RANKED PROPOSER, CALVIN GIORDANO & ASSOCIATES INC.; AND SHOULD
THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN
AGREEMENT WITH THE SECOND-RANKED PROPOSER, AUTHORIZING
NEGOTIATIONS WITH THE THIRD-RANKED PROPOSER, A & P CONSULTING
TRANSPORTATION ENGINEERS, CORP.
WHEREAS, on April 13 , 2011, the Mayor and City Commission retroactively
approved the issuance of Request for Qualifications (RFQ) No. 22-010/11, for Resident
Project Representative Services for Right-of-Way Improvements to Neighborhood No .8,
Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast
(Package C), (the "RFQ"); and
WHEREAS, the RFQ was issued on March 25, 2011, with an opening date of April
15,2011; and
WHEREAS, a pre-proposal conference to provide information to the proposers
submitting a response was held on April 1, 2011; and
WHEREAS, BidNet issued bid notices to 371 proposers; BidSync (formerly known as
RFP Depot) issued bid notices to 6,107 prospective proposers , of which 25 viewed the
notice; and more than 100 local proposers were notified via maille-mail, which resulted in
the rece ipt of thirteen (13) proposals; and
WHEREAS, on April 7, 2011, the City Manager via Letter to Commission (LTC) No.
081-2011, appointed an Evaluation Committee (lithe Committee") consisting of the following
individuals:
• Hector Castro, Assistant Director, Public Works;
• Janette Fernandez-Arencibia , Capital Projects Coordinator, CIP;
• Max Berney , Resident and Leadership Academy Graduate ;
• Michael Alvarez, Director, Infrastructure Division, Public Works;
• Muayad Abbas , Resident and Leadership Academy Graduate;
Alternates:
• Carol Housen, Resident and Leadership Academy Graduate :
• Fred Karlton, CIPOC member; and '
1 Agenda Item C, 7 C-
3 ! Date .>-/1-/)
WHEREAS, resident Max Berney was unable to participate on the Committee, and
resident Carol Housen was appointed to the Committee to replace Mr. Berney; and
WHEREAS, the Committee convened on April 26, 2011, and was provided with
general information on the scope of services, Performance Evaluation Surveys, and
additional pertinent information from all responsive proposers; and
WHEREAS, the Committee members discussed their individual perceptions of the
proposers' qualifications, experience, and competence, and ranked the proposers
accordingly; and
WHEREAS, a motion was unanimously approved to recommend short listing the top
five (5) ranked proposers; and
WHEREAS, the Committee convened again on April 29, 2011, was provided with
presentations from all short-listed proposers; and
WHEREAS, the Committee recommended, for Packages A & C, the following:
1. Atkins (PBS&J);
2. Chen & Associates d/b/a Chen Moore and Associates;
3. Calvin Giordano & Associates, Inc.; and
WHEREAS, the Committee recommended, for Package B, the following:
1. Chen & Associates d/b/a Chen Moore and Associates;
2. Atkins (PBS&J);
3. Calvin Giordano & Associates, Inc.; and
WHEREAS, in order to avoid that the same proposer would be recommended for all
packages, the Committed further recommended that if negotiations with the top-ranked
proposer for one of the packages were unsuccessful, said proposer would not be considered
for award to the other package; and
WHEREAS, a motion was unanimously approved by the Committee to recommend
entering into negotiations with the top two (2) ranked proposers: Atkins (PBS&J) for Package
A & C, and Chen & Associates d/b/a Chen Moore and Associates for Package B; and should
the Administration not be successful in negotiating · an agreement with the top-ranked
proposers, authorizing negotiations with the second-ranked proposer: Chen & Associates
d/b/a Chen Moore and Associates for Package A & C, and Atkins (PBS&J) for Package B;
and should the Administration not be successful in negotiating an agreement with the
second-ranked proposers, authorizing negotiations with the third-ranked proposer: Calvin
Giordano & Associates, Inc for Packages A, B, & C; and
WHEREAS, after considering the review and recommendation of the Evaluation
Committee, the City Manager exercised his due diligence and carefully considered the
specifics of this RFQ process;
WHEREAS, as a result, the City Manager recommends that it would be in the best
interest of the City to retain the same proposer for Packages A, B, & C, since the three
packages are located within the same (Bayshore) neighborhood, and further, to ensure the
equitable distribution of the work, he is recommending awarding Packages A, B &C to the
top-ranked proposer, Atkins (PBS&J); and should the Administration not be successful in
negotiating an agreement with the top-ranked proposer; authorizing negotiations with the
second-ranked proposer, Calvin Giordano & Associates Inc.; and should the Administration
4
not be successful in negotiating an agreement with the second-ranked proposer, authorizing
negotiations with the third-ranked proposer, A & P Consulting Transportation Engineers,
Corp.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
accept the recommendation of the City Manager, pursuant to Request for Qualifications
(RFQ) No. 22-010/11 for Resident Project Representative Services for Right-of-Way
Improvements to Neighborhood No.8, Central Bayshore (Package A), Lower North Bay
Road (Package B), and Lake Pancoast (Package C).; authorizing the Administration to
negotiate Packages A, B & C with the top-ranked proposer, Atkins (PBS&J); and should the
Administration not be successful in negotiating an agreement with the top-ranked proposer,
authorizing negotiations with the second-ranked proposer, Calvin Giordano & Associates
Inc.; and should the Administration not be successful in negotiating an agreement with the
second-ranked proposer, authorizing negotiations with the third-ranked proposer, A & P
Consulting Transportation Engineers, Corp.
PASSED AND ADOPTED THIS ___ DAY OF ____ 2011.
ATTEST:
CITY CLERK MAYOR
T:\AGENDA\2011\5-11-11\RFQ 22-10-11 -RPR Services -RESO.doc
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APPROVED AS TO
FOAM & LANGUAGE
~CUTIO;\?\\1
~I~~~
THIS PAGE INTENTIONALLY LEFT BLANK
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RESOLUTION NO. ________ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
(DCA) AND THE CITY, DATED NOVEMBER 24,2009, FOR THE ALLOCATION OF
NSP1 FUNDS; AND ALSO APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 5 TO THE RELATED
AGREEMENT BETWEEN THE CITY AND MIAMI BEACH COMMUNITY
DEVELOPMENT CORPORATION (MBCDC), DATED JANUARY 21,2010, FOR
THE ALLOCATION OF NSP1 FUNDS; SAID AMENDMENTS EXTENDING THE
RESPECTIVE TERMS OF EACH AGREEMENT TO COINCIDE WITH THE
EXPIRATION DATE OF THE PROGRAM ON MARCH 1, 2013, AND AMENDING
BOTH AGREEMENTS TO FACILITATE THE DRAW DOWN OF FUNDS.
WHEREAS, on July 31, 2008, the United States Congress enacted the Housing and
Economic Recovery Act of 2008, thereby creating the Neighborhood Stabilization Program 1
(NSP1), which directed the Department of Housing and Urban Development (HUD) to allocate $3.93
billion to states and units of local government as emergency assistance for the purchase and
redevelopment of abandoned and foreclosed homes; and
WHEREAS, on March 18, 2009, the City approved Resolution No. 2009-27039, approving
the City's planned use of and application of NSP1 funds to purchase and rehabilitate one or more
foreclosed or abandoned multi-family buildings to be made available as rental housing properties for
income qualified households; and
WHEREAS, the City was awarded a total of $9,305,268 in NSP1 funds through several
allocations, and the State of Florida Department of Community Affairs (DCA) is the entity managing
HUD's NSP1 allocation to the City of Miami Beach; and
WHEREAS, on September 9, 2009, the City approved Resolution No. 2009-27175,
approving the Federally-funded NSP1 Subgrant Agreement between DCA and the City; said
Agreement was executed on November 24, 2009, in the amount $2,549,551, which was amended to
include the next allocations in the amounts of $4,755,717 and $2,000,000 awarded on March 24,
2010, and July 30, 2010, respectively; and
WHEREAS, the expiration date of the NSP1 Subgrant Agreement is November 23, 2011;
and
WHEREAS, the City, after conducting a competitive process, awarded $2,376,181.53 of the
initial allocation ($2,549,551 less the City's allowable $173,369.47 administration funds) to Miami
Beach Community Development Corporation (MBCDC), which was also approved by the City on
September 9,2009, per Resolution No. 2009-27194, said Agreement was executed on January 21,
2010, in the amount of $2,376,181.53, and was amended to include the next allocations, in the
amounts of $4,432,328 and $1,864,000; executed on July 21,2010 and July 22,2010, respectively;
and
WHEREAS, the expiration date of the MBCDC Agreement is July 20, 2011; and
WHEREAS, while 82% of the NSP1 funds allocated to MBCDC have been expended,
current economic and banking conqitions have impacted MBCDC's ability to obtain construction
lines of credit and have delayed completion of the contractually required activities; and
7
Agenda Item_~C. ..... 7,,-,H:...L.----'-
Date S"-II--I J ---:;;;......:....:~~-
WHEREAS, DCAlNSP1 representatives have informed City staff that the majority of its
NSP1 sub-recipients are likewise experiencing similar delays, and have also requested extensions
of time to expend funds; and
WHEREAS , DCA has also granted sub-recipients permission (at their request) to draw down
funds for rehabilitation activities, instead of paying costs out-of-pocket and then seeking
reimbursement; and
WHEREAS, the Administration hereby recommends and requests amending the end date of
both the NSP1 Subgrant Agreement and the MBCDC Agreement, so that they are co-terminous and
both expire on March 1, 2013, in accordance with the four year NSP1 expenditure plan established
by HUD; and
WHEREAS, the Administration also recommends that both Agreements also be amended to
include the option of a "draw down" of funds, versus a reimbursement process, to cover the costs of
rehabilitation of the projects.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
and authorize the Mayor and the City Clerk to execute Amendment No. 3 to the Agreement
between the State of Florida Department of Community Affairs and the City, dated November 24,
2009 , for the allocation of NSP1 funds; and also approve and authorize the Mayor and City Clerk
to execute Amendment No. 5 to the related Agreement between the City and Miami Beach
Community Development Corporation, dated January 21,2010, for the allocation of NSP1 funds;
said amendments extending the respective terms of each Agreement to coincide with the State's
DCA expiration date of the Program on March 1, 2013, and amending both agreements to
facilitate the draw down of funds.
PASSED AND ADOPTED this ___ day of _______ , 2011.
ATTEST:
CITY CLERK
8
MAYOR
APPROVED AS TO
FORM & NGUAGE
&FO CUTION
I~~-__ 5/.' 1)\ -~L__ HDmeylQt ~
RESOLUTION NO, _____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO 17-10/11, FOR
PARKING ATTENDANTS FOR THE CITY'S PARKING GARAGES;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH THE TOP-RANKED PROPOSER, STANDARD PARKING
CORPORATION, AND SHOULD THE ADMINISTRATION NOT BE
SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP-RANKED
PROPOSER, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH
THE SECOND-RANKED PROPOSER, SEVEN ONE SEVEN PARKING
ENTERPRISES; AND FURTHER AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT UPON COMPLETION OF
SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, at its February 9, 2011 meeting, the Mayor and City Commission
authorized the Administration to issue a Request for Proposals (RFP) for Parking Attendants
for the City's Parking Garages; and
WHEREAS, RFP No. 17-10/10 was issued on February 22,2011, and notices sent to
over 55 firms , which resulted in the receipt of six (6) proposals from the following proposers:
1. Double Park;
2. Elite;
3. Impark;
4. Laz and Denison Joint Venture;
5. Seven One Seven;
6. Standard Parking; and
WHEREAS, as part of the RFP process, mandatory pre-proposal submission meetings
were held on March 4, 2011, March 8, 2011, respectively; and
WHEREAS, on April 19, 2011, the City Manager, via Letter to Commission (LTC) No.
091-2011 , appointed the following individuals to serve as Evaluation Committee members (the
"Committee"):
• Kathie Brooks, Director of OBPI;
• Hector Castro, Assistant Public Works Director;
• Josephine Pam panas, Transportation and Parking Committee Member;
• Steven Vincenti, Leadership Academy Graduate;
• Allison Williams, CPA, Chief Accountant; and
WHEREAS, Kathie Brooks was unable to serve as a Committee member; therefore,
James Sutter, CPA and Internal Auditor, was appointed to replace Ms. Brooks; and
WHEREAS, Steven Vincenti was unable to attend the Committee's May 2nd meet ing;
therefore, alternate Committee member Arshan Borhan was appointed to replace Mr. Vincenti;
and
WHEREAS, on May 2, 2011, the Committee convened and listened to presentations
from all proposers, and thereafter conducted question and answer sessions, followed by
deliberations; and
Agenda Item R7A-
9 Date 5'-0-11
WHEREAS, the Committee unanimously voted to recommend Standard Parking as the
top-ranked firm, and Seven One Seven as the second-ranked firm; and
WHEREAS, the City Manager has considered the Committee's recommendation and,
after conducting his own independent review of the proposals, concurs with the Committee's
recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
accept the recommendation of the City Manager, pursuant to Request for Proposals (RFP) No
17 -10111, for Parking Attendants for the City's Parking Garages, and authorize the
Administration to enter into negotiations with the top-ranked proposer, Standard Parking
Corporation; and should the Administration not be successful in negotiating an agreement with
the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Seven
One Seven Parking Enterprises; and further authorizing the Mayor and City Clerk to execute
an agreement upon completion of successful negotiations by the Administration.
PASSED AND ADOPTED THIS. _____ DAY OF _____ 2011.
ATTEST:
CITY CLERK MAYOR
T:\AGENDA\2011\S-11.-11\Parking RFP Reso.doc
10
= -=-MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION 2011 [Ur -9 PN L~M~MORANDUM
... ,;, • .J '
n 'f
TO:
I ... -I _____ ~_ •• ~ ••• __ ... _ ......... .,_ ••••
Jorge Gonzalez, City Manager
FROM:
DATE:
Jerry Libbin, Commissioner JIlt!-
May 9, 2011
SUBJECT: Agenda item for the May 11, 2011 Commission meeting; a discussion regarding
a request from Tremont Towing to amend their towing permit minimum requirements for vehicle
storage.
Please place on the agenda for the May 11, 2011 Commission meeting; a discussion regarding
a request from Tremont Towing to amend their towing permit minimum req uirements for vehicle
storage.
Please contact my office at ext. 7106 if you have any questions.
JL/er
We are commilted /0 pro viding excellent publiC service an d safely to all who live , work, and ploy in our
11
Agenda Item RQ.I
Date (;'-/1-1 J
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
City Manager Jorge M. Gonzalez \\
May11,2011 ()~
DISCUSSION REGARDING A REQUEST FROM TREMONT TOWING TO
AMEND THEIR TOWING PERMIT MINIMUM REQUIREMENTS FOR VEHICLE
STORAGE.
ANALYSIS
The City has two towing service providers, Beach Towing and Tremont Towing. Each
towing service provider is issued a towing permit which stipulates all rules and regulations
regarding towing in the City. Pursuant to Section 35 of the Towing Permit, entitled, "Changes
in. Rules and Regulations", any and all amendments to the Administrative Rules and
Regulations for Police Department and Parking Department Towing Permits as well as any
request by a permittee( s) to amend their towing permit, must be approved by the Mayor and
City Commission.
The City has received a request from Tremont Towing to relocate their towing facility from
1916 Bay Road to 1861 Bay Road. The Planning Board Conditional Use Permit stipulates a
maximum of 49 spaces, further the Building Permit issued for this location reflects 31
spaces. Currently, the Administrative Rules and Regulations for Police and Parking
Department Towing Permits require minimum vehicle storage capacity for one hundred
(100) vehicles. In order for Tremont Towing to be able to operate in the proposed new
location, an amendment to the required number of spaces is necessary; if the Commission
wishes to grant Tremont's request, the following Resolution accomplishes the necessary
amendments.
In addition, the resolution establishes two additional provisions that are intended to further
limit the towing industry within the City and more specifically within Sunset Harbour
neighborhood. They are: 1.) Creating a maximum number of vehicle storage capacity within
a facility and 2.) Prohibiting storage of vehicles towed outside the jurisdiction of Miami
Beach.
RESOLUTION 1
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AMENDMENT NO.1 TO THE CITY'S ADMINISTRATIVE
RULES AND REGULATIONS FOR POLICE DEPARTMENT AND PARKING
DEPARTMENT TOWING PERMITS, AS REFERENCED ON JULY 15, 2009; AMENDING
SECTION 5, ENTITLED, "STORAGE AREA/STORAGE FACILITY(IES}," BY i.}
AMENDING THE MINIMUM VEHICLE STORAGE CAPACITY FROM ONE HUNDRED
(100) VEHICLES, TO NO LESS THAN THIRTY-ONE (31) VEHICLES, AND NO MORE
THAN OF ONE HUNDRED (1 OO) VEHICLES AT ANY ONE AUTHORIZED FACILITY; AND
2.} REQUIRING PERMITEES TO UTILIZE THEIR TOWED VEHICLE STORAGE
12
May 11,2011
City Commission Memorandum
Towing Permits
Page 20f5
AREAS/STORAGE FACILITIES LOCATED WITHIN THE CITY LIMITS OF THE CITY OF
MIAMI BEACH TO ONLY STORE VEHICLES TOWED FROM WITHIN THE CITY LIMITS
OF THE CITY OF MIAMI BEACH.
The minimum number should adequately address the City's typical needs for storage. On
average the City initiates approximately 14,000 public tows per year. This translates to
approximately 38 public tows per day. The capacity at both locations should be sufficient to
meet typical demand. Of course, there are peak periods of extraordinary demand from time
to time. The City has taken appropriate measure to handle peak periods.
The Administration is suggesting that the Administrative Rules and Regulations also include
a maximum number of vehicles stored at anyone site. The two towing companies are
located in the Sunset Harbour Neighborhood. By limiting the number of vehicles stored on
anyone site, the overall impact to the neighborhood will be diminished. Additionally, in a
further attempt to reduce the negative impact of towing operations on the surrounding
neighborhood, the Administration is suggesting that the Administrative Rules and
Regulations be amended to prohibit the storage of vehicles towed from outside the
jurisdiction of the City of Miami Beach.
RESOLUTION 2
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE RELOCATION OF TREMONT TOWING'S
(PERMITTEE) OPERATIONS, INCLUDING THE PERMITTEE'S VEHICLE STORAGE
AREA, FROM ITS CURRENT LOCATON AT 1916 BAY ROAD, TO ITS NEW LOCATION
AT 1861 BAY ROAD, MIAMI BEACH, FLORIDA.
Chapter 106, Article V, Sections 106-211 through 106-222 of the Miami Beach City Code,
provide for the issuance by the City of towing permits for the tOWing of vehicles identified by
the City as requiring removal from public property.
Tremont Towing has requested an approval to relocate from 1916 Bay Road to 1861 Bay
Road. Tremont has received an approval from the City's Planning Board for a Conditional
Use Permit. In approving this request, the Planning Board imposed the following conditions:
1. The Planning Board shall maintain jurisdiction of this Conditional Use Permit. The
applicant shall provide a progress report to the Board in 90 days after the Certificate
of Use/Business Tax Receipt has been issued. The Board reserves the right to
modify the Conditional Use approval at the time of a progress report in a non-
substantive manner, to impose additional conditions to address possible problems
and to determine the timing and need for future progress reports. This Conditional
Use is also subject to modification or revocation under City Code Sec. 118-194 ( c).
2. This Conditional Use Permit is issued to Tremont Towing, Inc. Any change of
owner/operator shall require review and approval by the Planning Board as a
modification to this conditional use permit. Subsequent owners/operators shall be
required to appear before the Board to affirm their understanding of the conditions
listed herein.
3. The conditions of approval for this Conditional Use Permit are binding on the
applicant, the property's owners, and all successors in interest and assigns.
4. The applicant, now and in the future, shall abide by all the documents submitted with
this application for a towing yard Conditional Use Permit and all statements made at
13
May 11,2011
City Commission Memorandum
Towing Permits
Page 30f5
the public hearings.
5. The hours of operation shall be proposed by the applicant, seven days a week 24
hours a day, pursuant to the towing permit agreement with the City.
6. The maximum number of vehicles permitted to be stored in the facility shall be 49.
7. The applicant shall apply for a Modified Certificate of Use/Business Tax Receipt to
reflect the new total of permitted vehicles after the required alterations have been
completed.
8. The nine parking spaces required with the change of use from warehouse to towing
shall be maintained and shown as such on the plans prior to the issuance of a
building permit or a Certificate of Use/Business Tax Receipt.
9. The applicant shall obtain a full building permit, for the work proposed herein within
18 months from the date of the meeting. and work shall proceed in accordance with
the Florida Building Code. Extensions of time for good cause, not to exceed a total
of one year for all extensions, may be granted by the Planning Board, provided a
request in writing is submitted to the Planning Director in advance of the expiration of
the original approval.
10. Security personnel shall take measures to keep noise disturbances and vehicles
blocking the driveway and street to a minimum.
11. A Closed Circuit TV system facing the street that maintains video surveillance at all
times shall be installed prior to the issuance of a Certificate of Use/Business Tax
receipt.
12. The applicant shall satisfy outstanding liens and past due City bills, if any, to the
satisfaction of the City prior to the issuance of a Certificate of Use/Business Tax
receipt.
13. The applicant shall be responsible for maintaining the adjacent areas fronting Bay
Road and all around the property in excellent condition, keeping these areas clean
and free of all refuse at all times.
14. The Planning Board shall retain the right to call the applicant back before them and
modify the hours of operation or impose additional conditions should there be
issuance of written warnings and/or notices of violation about loud, excessive,
unnecessary, or unusual noise.
15. A violation of Chapter 46. Article IV. "Noise," of the Code of the City of Miami Beach,
Florida (a/kla "noise ordinance"), as may be amended from time to time, shall be
deemed a violation of this Conditional Use Permit and subject to the remedies as
described in section 118-194; Code of the City of Miami Beach, Florida.
16. The entire area shall be fenced off in such a way so as to obscure the operations
from the street. A new metal fence shall be provided with a solid metal shield on the
back in order to completely block views of the business operation from the public
right-of-way subject to the review and approval of Design Review Board staff.
17. The entire area shall be gated at all times. Vehicular access gates shall only be
open when vehicles are entering or exiting the property, otherwise gates shall be
closed at all times.
18. No vehicle tow trucks, towed vehicles, other vehicles shall ever be stated/parked or
in any other way be on the right of way or the sidewalk. All tow trucks shall be stored
on the site and not on the right-of-way or the sidewalk.
19. Tow trucks shall be prohibited from traveling on Purdy Ave (Sunset Harbour Drive) at
all times.
20. At no time shall tow trucks be in the right of way or blocking the flow of traffic on Bay
Road.
21. Tow trucks and all vehicles shall be strictly prohibited from backing into or out of the
property.
14
May 11,2011
City Commission Memorandum
Towing Permits
Page 50f5
operational.
Condition #2, requires that any change of owner/operator be approved by the Planning
Board as a modification to the existing conditional use permit, and subsequent
owners/operators are required to appear before the Board to affirm their understanding of
the conditions. Condition #1 requires Tremont to provide a progress report to the Planning
Board ninety (90) days after the Certificate of Use/Business Tax Receipt has been issued.
Should an anticipated ownership relationship change for Tremont Towing, Inc. trigger the
above requirement; both the progress report and the approval of change in ownership can
occur at the same Planning Board meeting, most likely on August 23, 2011.
In addition to the Planning Board conditions, as part of the License Agreement, the City
should request that a copy of the video feed for the thirty (30) days preceding should be
provided to the Parking Department every month. Additionally the License Agreement should
also include the prohibition of the storage of vehicles towed from outside the City's
jurisdiction as required in the proposed amendment to the Administrative Rules and
Regulations.
Th~ Commission also should take into consideration the difference in the storage capacity of
Tremont's proposed site and the storage capacity of the second towing service provider,
Beach Towing. Tremont's new site will hold, according to the current building permit, a total
of31 vehicles. Beach Towing, the second provider, has the capacity to store approximately
100 vehicles (it should be noted that the City is currently reviewing this capacity, furthermore,
Beach Towing has an overflow lot approved by the City that can accommodate an additional
25 vehicles). On an average day, both service providers can handle the needs of the City on
a one to one basis (38 public tows). On a daily basis, the Administration suggests that after
the maximum capacity of 31 vehicles is reached for Tremont, all additional tows be directed
to Beach Towing, administrative Protocols will be established to ensure efficient
implementation of this recommendation.
In an effort to ensure compliance with the Code provisions and the amended Administrative
Rules and Regulations, this License Agreement between the City and Tremont Towing shall
require that the operations on the original site (1916 Bay Road) cease to exist.
CONCLUSION
If the Mayor and Commission are satisfied that all operational issues are addressed by the
requested modifications to the Administrative Rules and Regulations for Police Department
and Parking Department Towing Permits, and that the relocation of Tremont Towing from
1916 Bay Road to 1861 Bay Road will not create a negative impact to the surrounding
neighborhood, as determined by the Planning Board in their deliberations and approval of
the Conditional Use Permit, the Commission should approve the attached resolutions.
JMG/JGG/SF
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15
May 11,2011
City Commission Memorandum
Towing Permits
Page 4 of5
22. In consideration of the proximity of the Publix exit ramp and safety concerns, all
business operations shall be conducted off the right-of-way or the sidewalk, and
there shall not be a walk up window that allows people to congregate on the
sidewalk.
23. All of the existing Coconut Palms shall be retained and protected during construction
and appropriate landscaping shall be installed in order to provide buffer between the
business and the surrounding neighborhood subject to the review and approval of
staff. The proposed palm trees facing the right-of-way shall be replaced with shade
trees to match the same species as those approved for the future garage across the
street inclusive of irrigation and landscape uplighting.
24. All tow trucks shall operate within the speed limits and obey all traffic signals and
signs.
25. All car alarms and other such devices shall be disabled or be prevented from
sounding within the lot or operational area.
26. A violation of any of these conditions shall subject the applicant to an immediate call
back before the Board for a Progress Report and possible setting for modification or
revocation hearing.
27. This Conditional Use Permit listing all the conditions of approval shall be recorded in
the Public Records of Miami-Dade County, Florida at the expense of the applicant.
28. This order is not severable, and if any provision or condition hereof is held void or
unconstitutional in a final decision by a court of competent jurisdiction, the order shall
be returned to the Board for reconsideration as to whether the order meets the
criteria for approval absent the stricken provision or condition, and/or it is appropriate
to modify the remaining conditions or impose new conditions.
29. The establishment and operation of this Conditional Use shall comply with all the
aforementioned conditions of approval; non-compliance shall constitute a violation of
the Code of the City of Miami Beach, Florida, and shall be subject to enforcement
procedures set forth in Section 114-7 of the Code and such enforcement procedures
as are otherwise available. Any failure by the applicant to comply with the conditions
of this Order shall also constitute a basis for consideration by the Planning Board for
a revocation of this Conditional Use permit.
30. Nothing in this order authorizes a violation of the City Code or other applicable law,
nor allows a relaxation of any requirement or standard set forth in the City Code.
While the Planning Board allowed a maximum of 49 storage spaces, it should be
noted that the building permit only reflects thirty-five (35) vehicle storage spaces. The
Commission should determine if the License Agreement should link Tremont to the
number showing on the permit plans or the maximum number of storage spaces
allowed under the Conditional Use Permit.
Please note that Tremont will need to apply to modify their existing Certificate of
Use/Business Tax Receipt to reflect the change from towing storage to full towing service,
and update the new total of permitted vehicles from 49 spaces as approved under the
Conditional Use Permit to 31 spaces shown in the permit set. The relocation of Tremont
Towing is also contingent upon their satisfying all of the aforementioned Conditional Use
conditions. A preliminary inspection was conducted on Friday, May 6,2011, confirming that
the majority of the stipulations identified in the Conditional Use permit have been completed
with the exception of the following: Item No. 11 requires two cameras facing the street be
installed; however, while the cameras are in place the office equipment has not been
installed and the CCTV system was not operational at the time of inspection. A final
inspection will be performed prior to the approval of a modification of the Certificate of
Use/Business Tax Receipt and the site becoming operational to confirm the CCTV system is
16
RESOLUTION NO. ______ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO.1
TO THE CITY'S ADMINISTRATIVE RULES AND REGULATIONS FOR
POLICE DEPARTMENT AND PARKING DEPARTMENT TOWING
PERMITS, AS REVISED ON JULY 15,2009; AMENDING SECTION 5,
ENTITLED, "STORAGE AREA/STORAGE FACILlTY(IES)," BY 1.)
AMENDING THE MINIMUM VEHICLE STORAGE CAPACITY FROM
ONE HUNDRED (100) VEHICLES, TO NO LESS THAN A MINIMUM
OF THIRTY-ONE (31) VEHICLES, AND NO MORE THAN A
MAXIMUM OF ONE HUNDRED (100) VEHICLES; AND 2.)
REQUIRING PERMITTEES TO UTILIZE THEIR TOWED VEHICLE
STORAGE AREAS/STORAGE FACILITIES LOCATED WITHIN THE
CITY LIMITS OF THE CITY OF MIAMI BEACH TO ONLY STORE
VEHICLES TOWED WITHIN THE CITY LIMITS OF THE CITY OF
MIAMI BEACH.
WHEREAS, Chapter 106, Article V, Sections 106-211 through 106-222 of the
Miami Beach City Code, provide for the issuance by the City of towing permits for the
towing of vehicles identified by the City as requiring removal from public property; and
WHEREAS, Section 106-212 provides that the City Manager shall promulgate
such administrative rules and regulations for police and parking towing permits, as may
be necessary to govern the discharge of services required under the aforestated Article
V of the City Code, subject to the approval of the City Commission; and
WHEREAS, Section 5 of the aforestated Administrative Rules and Regulations
(as revised on July 15, 2009, and as adopted by the City Commission pursuant to
Resolution No. 2009-27151), currently requires permittees to maintain storage facilities
for a minimum of one hundred (100) vehicles; and
WHEREAS, towed vehicle storage capacity is a critical component to providing
towing services; and
WHEREAS, the following amendments to the vehicle storage requirements in
Section 5 of the Administrative Rules and Regulations have been proposed: 1.)
amending the towed vehicle storage requirement from a one hundred (100) vehicle
storage capacity requirement, to a requirement of no less than thirty-one (31) vehicles,
and no more than one hundred (100) vehicles; and 2.) requiring that permittees only
store vehicles towed within the city limits of the City of Miami Beach within the
aforestated storage facilities (Le. maintained by permittees in the City).
17
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 Amendment No.1 to the Administrative Rules and
Regulations for Police Department and Parking Department Towing Permits, as
revised on July 15, 2009; amending Section 5, entitled, "Storage Area/Storage
Facility(ies)," as follows: 1.) amending the minimum towed vehicle storage capacity that
permittees are required to maintain at their facilities from one hundred (100) vehicles, to
no less than a minimum of thirty-one (31) vehicles and no more than a maximum of one
hundred (100) vehicles; and 2.) requiring that permittees utilize their storage facilities
located within the city limits of the City of Miami Beach to only store vehicles towed
within the city limits of the City of Miami Beach (both amendments as more specifically
set forth in the attached Exhibit "A" to this Resolution).
PASSED AND ADOPTED this ___ day of ______ , 2011
MAYOR
ATTEST:
CITY CLERK
T:\AGENDA\2011\5-11-11\Tow Permit Amendment to Adm. Rules Reso.doc
18
Exhibit "A"
5. STORAGE AREA/STORAGE FACILlTY(lES)
Permittee shall have available outside storage for a minimum of thirty-one (31)
vehicles and no more than a maximum of one hundred (100) vehicles. Said storage
area will be enclosed in accordance with applicable zoning requirements. At a
minimum, Permittee shall surround the storage area with a chain-link fence or solid-wall
type fence at least six (6') feet high. The storage area shall be sufficiently illuminated to
reveal persons and vehicles at a distance of at least 150 feet during evening hours.
Permittee shall use such security measures as necessary to prevent theft, vandalism,
stripping and dismantling of parts from vehicles in all storage areas.
Permittee shall provide a completely enclosed inside storage area (solid walls,
roof, and access door) for at least five (5) vehicles. Said area will be secured against
entry by unauthorized persons. All vehicle keys shall be secured separately.
In the event Permittee's storage areas are filled to capacity, the Permittee shall
not be relieved of its responsibility with regard to storage of vehicles pursuant to the
Permit, and shall be required to make alternate arrangements for storage (as required
to comply with the terms of the Permit). Any storage area proposed to be utilized by
Permittee, which was not identified in its Permit application, must obtain the prior written
approval of the City Manager or his designee prior to commencement of such use.
Permittee's storage area must be located within the city limits of Miami Beach,i
and shall only be used by Permittee to store vehicles towed within the city limits of
Miami Beach. Vehicles shall be stored for a minimum of seven (7) days, after which
they may be removed to a storage area outside the city limits of Miami Beach, but within
Miami-Dade County, Florida. Any vehicle with a "police hold," shall not be stored
outside the city limits of Miami Beach.
Permittee may not charge an additional towing fee for removal of a vehicle for
storage outside the city limits of Miami Beach. An owner (or other authorized individual)
claiming a vehicle stored outside the city limits of Miami Beach shall be given the option,
19
without charge, of either free transportation to the vehicle, or having the vehicle returned
to the Permittee's Miami Beach storage area.
No storage charges shall be assessed for any vehicle which, pursuant to
authorization of the City Manager or his designee, is stored at a City facility.
In addition to the storage area(s), the Permittee shall have a permanent on-
premises office, which shall be staffed on a 24-hour basis by at least one (1) employee.
Permittee shall also provide on-premises security in the form of one or more of
the following: night dispatcher or watchman; security guard service; security dog; or
security cameras.
Notwithstanding the preceding paragraph, Permittee shall be required to hire City
off-duty police officers on the premises on holidays and during all major events in the
City. "Holidays" are herein defined as any City of Miami Beach recognized/observed
legal holiday. Major events are herein defined as those events identified in the City's
Major Event Planning (MEP), as same may be amended from time to time. In the event
that the MBPD is unable to fulfill the off-duty requirement, Permittee may satisfy the
requirement by hiring off-duty police officers from other jurisdictions (Le. Miami-Dade,
City of Miami, etc.).
Permittee must post a City-approved sign at its on-premises facility indicating
charges (as shall have been approved by the City). This sign must include a statement
about the accepted methods of payment and the number and kinds of identification
required. At a minimum, the sign must be in one inch (I") lettering, with contrasting
background, permanently and prominently posted in the area where the charges are
paid to Permittee.
All areas accessible to the public must be well lighted, with provisions to
accommodate seating for members of the public retrieving vehicles. Permittee shall be
prohibited from utilizing or maintaining any sort of public announcement (PA) system
from its premises, so as to eliminate and/or reduce amplified and other noise to the
surrounding neighborhood.
20
RESOLUTION NO., ______ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE RELOCATION
OF TREMONT TOWING'S (PERMITTEE) OPERATIONS, INCLUDING
THE PERMITTEE'S VEHICLE STORAGE AREA, FROM ITS
CURRENT LOCATON AT 1916 BAY ROAD, TO ITS NEW LOCATION
AT 1861 BAY ROAD, MIAMI BEACH, FLORIDA.
WHEREAS, Chapter 106, Article V, Sections 106-211 through 106-222 of the
Miami Beach City Code, provide for the issuance by the City of towing permits for the
towing of vehicles identified by the City as requiring removal from public property; and
WHEREAS, Section 106-212 provides that the City Manager shall promulgate
such administrative rules and regulations for police and parking towing permits, as may
be necessary to govern the discharge of services required under the aforestated Article
V of the City Code, subject to the approval of the City Commission; and
WHEREAS, on July 22, 2009, pursuant to Resolution No. 2009-27151, the
Mayor and City Commission approved the most recent version of the City's
Administrative Rules and Regulations for Police and Parking Towing Permits; and
WHEREAS, accordingly, and as referenced in the letter attached as Exhibit "A"
to this Resolution, Tremont Towing (Permittee) has requested that the City approve the
relocation of Tremont Towing from its existing site at 1916 Bay Road, Miami Beach,
Florida, to a new site at 1861 Bay Road, Miami Beach, Florida; and
WHEREAS, pursuant to Section 5 of the aforestated Adminstrative Rules and
Regulations, any storage area proposed to be used by Permittee' which was not
identified in its towing permit application, must obtain the prior written approval of the
City Manager or his designee prior to commencement of such use; and
WHEREAS, as provided in the Adminstrative Rules and Regulations, the City
Manager approves the new site, including the new vehicle storage area therein.
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 approve the relocation of Tremont Towing's (Permittee) operations,
including the Permittee's vehicle storage area, from its current location at 1916 Bay
Road, to its new location at1861 Bay Road, Miami Beach, Florida.
21
PASSED AND ADOPTED this ___ day of ______ , 2011
ATTEST:
CITY CLERK
T:\AGENDA\2011\5-11-11\towpermitMay112011TremontRelocation.res.doc.doc
22
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FliR EXECUTION
d?&Q;~ ~\\\ Y City Atto ~ Date
Via Electronic Mail
Saul Frances, Parking Director
City of Miami Beach
309 23rd Street, Suite 200
Miami Beach, FL 33139
May 3, 2011
Re: Tremont Towing/Modification of Towing Pennit
Dear Saul:
Neisen O. Kasdin
Akerman Senterfitt
One Southeast Third Avenue
25th Floor
Miami, Florida 33131
Tel: 305.374.5600
Fax: 305.374.5095
I am writing on behalf of my client, Tremont Towing with regard to an item we
request to be placed on the agenda for the May 11, 2011 Commission meeting.
Following up on recent conversations, I request that the City amend Tremont's
towing permit with the City of Miami Beach to allow a change of location for towing
operations and storage from the current location, 1916 Bay Road, Miami Beach, to a new
location, 1861 Bay Road, Miami Beach, to reduce required on-site storage to 35 vehicles
and to extend the term of the Permit.
As you are aware, the City has purchased the site Tremont currently uses to store
vehicles towed under the City permit. Tremont has been asked to immediately vacate its
current premises due to the commencement of construction of a new garage.
At the same time, Tremont operates a licensed towing business at 1861 Bay Road,
Miami Beach. The new location is somewhat smaller and much of the vehicle storage is
enclosed. This new location is consistent with the previously expressed wishes of the City
Commission to a} reduce the amount of on-site storage; and b) to screen as much of the
vehicle storage from public view.
akerman.conl
{M2903913;2)
23
Page Two
Letter to Saul Frances
May 3,2011
Therefore, we request the City schedule this for a time certain at the May 11 th
Commission meeting and amend the permit agreement as requested above. Sin,
Neisen O. Kasdin
NOKldp
cc: Jorge Gonzalez, City Manager
Jose Smith, City Attorney
Raul Aguila, Asst. City Attorney
Mayor Matti Bower
City Commission
Edwin Gonzalez, Jr.
Russell Galbut
Andrew Mirmelli
Keith Menln
David Nevel, Esq.
IM2903913;2J
24