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HomeMy WebLinkAboutResolution 2026-342622026-34262 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE FAVORABLE RECOMMENDATION OF THE PUBLIC SAFETYAND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE, AT ITS FEBRUARY 19, 2026 MEETING, TO FORMALLY PETITION MIAMI-DADE COUNTY TO GRANT MIAMI BEACH AUTONOMOUS CONTROL OVER OCEAN DRIVE. WHEREAS, Ocean Drive in South Beach is a local municipal street owned and maintained by the City; and WHEREAS, Ocean Drive is one of the City's most iconic streets, located in the heart of the Art Deco Cultural District. Known for its vibrant scene, historic Art Deco architecture dressed in pastel colors and neon signs, boutique hotels and stylish restaurants, Ocean Drive attracts millions of visitors from all over the world every year; and WHEREAS, the Art Deco Neighborhood Association (ADNA) has put forth a motion advocating for the City to take full control of its destiny and Ocean Drive, emphasizing the need for local autonomy; and WHEREAS, under Article All of the County Code, the Miami -Dade County Department of Transportation and Public Works ("DTPW") maintains full and exclusive jurisdiction over traffic engineering functions throughout the County, including the planning, installation, operation, maintenance, and timing of all traffic control devices. Section 2-96.1 of the County Code (excerpted below for reference) further outlines the County's jurisdictional authority over traffic engineering functions and traffic control devices within the incorporated and unincorporated areas of the County; and WHEREAS, the most viable course of action, would be to formally urge Miami -Dade County ("County") to amend its Code or take other steps necessary to grant control over Ocean Drive to the City; and WHEREAS, at the June 25, 2025 City Commission meeting, at the request of Commissioner Laura Dominguez, the City Commission referred an item (C4 R) to the Public Safety and Neighborhood Quality of Life Committee ("PSNQLC" or "Committee") to discuss and recommend actions to pursue local control over Ocean Drive; and WHEREAS, at the February 19, 2026 PSNQLC meeting, the Committee passed a motion with a favorable recommendation to the City Commission to formally petition Miami -Dade County to grant Miami Beach autonomous control over Ocean Drive; and WHEREAS, the Administration will work with DTPW to negotiate a roadway jurisdictional transfer agreement to grant the City autonomous control over Ocean Drive; and WHEREAS, the terms and conditions of such agreement would be presented to the City Commission for consideration at a future date. 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 accept the favorable recommendation of the Public Safety and Neighborhood Quality of Life Committee, at its February 19, 2026 meeting, to formally petition Miami -Dade County to grant Miami Beach autonomous control over Ocean Drive. PASSED AND ADOPTED this A day of /// t 2026 ATTEST: JUN - 3 2026 Rafael E. Granado, City Clerk (Sponsored by Vice -Mayor Laura Dominguez) Cosponsored by Commissioner Joseph Magazine Co -Sponsored by Commissioner Monica Malleo-Saunas CoSponsored by Commissioner Alex J. Fernandez Cosponsored by Commissioner Tanya K Bhatt Leven Meiner, Mayor APPROVED AS TO FORM & LANGUAGE & F=TION ttorney MR Date £ 4N(ORP ORREU • Resolutions - C7 P MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: May 20, 2026 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE FAVORABLE RECOMMENDATION OF THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE, AT ITS FEBRUARY 19, 2026 MEETING, TO FORMALLY PETITION MIAMI-DADE COUNTY TO GRANT MIAMI BEACH AUTONOMOUS CONTROL OVER OCEAN DRIVE. RECOMMENDATION The City Administration ("Administration") recommends that the Mayor and City Commission ("City Commission") adopt the Resolution. BACKGROUNDIHISTORY Ocean Drive in South Beach is one of the City's most iconic streets, located in the heart of the Art Deco Cultural District. Known for its vibrant scene, historic Art Deco architecture dressed in pastel colors and neon signs, boutique hotels and stylish restaurants, Ocean Drive attracts millions of visitors from all over the world every year. The Art Dew Neighborhood Association (ADNA) has put forth a motion advocating for the City to take full control of its destiny and Ocean Drive, emphasizing the need for local autonomy. Given current legal limitations, the most viable course of action, per the ADNA, would be to formally urge Miami -Dade County ("County") to amend its Code or lake other steps necessary to grant control over Ocean Drive to the City. At the June 25, 2025 City Commission meeting, at the request of Commissioner Laura Dominguez, the City Commission referred an item (C4 R) to the Public Safety and Neighborhood Quality of Life Committee ("PSNQLC" or "Committee") to discuss and recommend actions to pursue local control over Ocean Drive. Tangentially, at the June 25, 2025 City Commission meeting, the City Commission adopted Resolution No. 2025-33769 directing the Administration to engage in discussions with Miami - Dade County relating to the possible assumption of control over signalization of streets located within the City. At the February 19, 2026 PSNQLC meeting, the Administration presented this item and the Committee passed a motion with a favorable recommendation to the City Commission. The Committee memorandum is included in this item as Attachment A. At the February 25, 2026 City Commission meeting, the City Commission adopted Resolution No. 2026-34150, requesting that Miami -Dade County amend County Code Section 2-96.1, along with any other applicable sections of the Miami -Dade County Code, in order to provide the City with traffic signal timing control authority overs streets and roadways within the City as a two (2}year pilot program. Pursuant to the City Commission's direction, the Administration is currently in 368 of 1709 discussions with the Miami -Dade County Department of Transportation and Public Works ("DPTW"). Additionally, at the February 25, 2026 City Commission meeting, the City Commission adopted Resolution No. 2026-34154, approving the recommended permanent/long-term reconfiguration of the Ocean Drive corridor, for full pedestrianization, subject to DTPW approval of the proposed concepts. ANALYSIS From a roadway jurisdictional standpoint, Ocean Drive is a local municipal street owned and maintained by the City. However, Under Article XIII of the County Code, DTPW maintains full and exclusive jurisdiction over traffic engineering functions throughout the County, including the planning, installation, operation, maintenance, and timing of all traffic control devices. Section 2- 96.1 of the County Code (excerpted below for reference) further outlines the County's jurisdictional authority over traffic engineering functions and traffic control devices within the incorporated and unincorporated areas of the County. Sec. 2-96.1. - Jurisdiction declared exclusive; tampering with control devices prohibited. From and after September 16, 1960, all traffic engineering services shall be performed by the traffic and transportation department, and such department shall have exclusive jurisdiction over all traffic control devices in both the incorporated and unincorporated areas of the county, and shall have exclusive jurisdiction to exercise the powers, duties and functions set forth herein. All municipalities in Miami -Dade County are prohibited from exercising any such powers, duties and functions, and shall not interfere with the performance thereof by said county department; provided, however, that the County Manager or designee, in his/her sole discretion, may authorize municipalities, which desire and are equipped and able to perform certain traffic engineering functions, to assume, together with all liability and without additional cost to the County, through an individual Intergovernmental Agency Agreement, and for local municipal streets only, the installation and maintenance of regulatory and street name signs, warning signs, construction warning signs, markings and barricades, pavement markings, traffic maintenance and traffic calming devices, all as may be specifically provided in the Agreement and subject to performing appropriate traffic engineering studies if required by such Agreement. The Department shall, however, retain exclusive jurisdiction over the permanent closure of access to any road or street. It shall be unlawful for any person, firm, corporation, or other legal entity, including municipal corporations, to change, modify, install, remove, damage, deface or destroy any traffic control device, unless authorized to do so by the traffic and transportation department, or by an Intergovernmental Agency Agreement. In addition, pursuant to 23 Code of Federal Regulations (CFR), Part 655, Subpart F, the U.S. Department of Transportation Federal Highway Administration (FHWA) publishes the Manual on Uniform Traffic Control Devices for Streets and Highways ("MUTCD") which defines the standards used by transportation agencies nationwide to install and maintain traffic control devices, including road markings, signs, stop signs, and traffic signals, on all streets, highways, pedestrian and bicycle facilities, and roadways open to public travel. It is important to note that the established criteria and standards in the MUTCD governing the design and installation of allowable traffic control devices could present regulatory challenges that limit or even prohibit community -desired street designs and traffic control devices, including, but not limited to pedestrian crosswalks and stop signs, on Ocean Drive. Should the City Commission adopt this Resolution, the Administration will work with DTPW to negotiate a roadway jurisdictional transfer agreement to grant the City autonomous control over Ocean Drive. The terms and conditions of such agreement would be presented to the City Commission for consideration at a future date. 369 of 1709 FISCAL IMPACT STATEMENT A fiscal impact has not been determined at this time. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https:llw miamibeachfi.gov/city-hall/ci!y-clerk/meetinci-notices FINANCIAL INFORMATION N/A CONCLUSION Should the City Commission adopt this Resolution, the Administration is prepared to advance discussions with Miami -Dade County in the context of potentially granting the City autonomous control over Ocean Drive via negotiation of a roadway jurisdictional transfer agreement. However, given the current prohibitions and restrictions in the Miami -Dade County Code governing traffic engineering and traffic control, an amendment to the County Code would be required to grant the City exclusive and autonomous control over all traffic engineering functions and traffic control devices on Ocean Drive. Furthermore, national standards established in the MUTCD prescribe the design and installation criteria for traffic signals and signage on all public roadways. Thus, while autonomous control of Ocean Drive would be desirable for the City, there would be regulatory parameters and limitations in terms of allowable street designs and traffic control devices on Ocean Drive. Applicable Area South Beach Is this a "Residents Right to Know" item, pursuant to City Code Section 2-177 Yes Is this item related to a G.O. Bond Pro act? No Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department Transportation and Mobility Sponsor(s) Commissioner Laura Dominguez Co-sponsors) Commissioner Joseph Magazine 370 of 1709 Condensed Title Accept Rec/Petition M-DC, Grant MB Autonomous Control over Ocean Drive. (LD/JM) TR Previous Action (For City Clerk Use Onlvl 371 of 1709 NEW BUSINESS 10 MIAMI BEACH COMMITTEE MEMORANDUM TO: Public Safety and Neighborhood Quality of Life Committee Members FROM: Eric Carpenter, City Manager DATE: February 19, 2026 TITLE: DISCUSS/TAKE ACTION REGARDING THE CITY OF MIAMI BEACH FORMALLY PETITIONING MIAMI-DADE COUNTY TO GRANT MIAMI BEACH AUTONOMOUS CONTROL OVER OCEAN DRIVE. RECOMMENDATION The City Administration ("Administration") recommends continuing to engage in discussions with Miami -Dade County to explore the potential of granting the City of Miami Beach ("City") autonomous control over Ocean Drive. BACKGROUND/HISTORY Ocean Drive in South Beach is one of the City's most iconic streets, located in the heart of the Art Deco Cultural District. Known for its vibrant scene, historic Art Deco architecture dressed in pastel colors and neon signs, boutique hotels and stylish restaurants, Ocean Drive attracts millions of visitors from all over the world every year. The Art Deco Neighborhood Association (ADNA) has put forth a motion advocating for the City to take full control of its destiny and Ocean Drive, emphasizing the need for local autonomy. Given current legal limitations, the most viable course of action, per the ADNA, would be to formally urge Miami -Dade County ("County") to amend its Code or take other steps necessary to grant control over Ocean Drive to the City. At the June 25, 2025 City Commission meeting, at the request of Commissioner Laura Dominguez, the Mayor and City Commission ("City Commission") referred an item (C4 R) to the Public Safety and Neighborhood Quality of Life Committee ("PSNQLC") to discuss and recommend actions to pursue local control over Ocean Drive. Tangentially, at the June 25, 2025 City Commission meeting, the City Commission adopted Resolution No. 2026-33769 directing the Administration to engage in discussions with Miami - Dade County relating to the possible assumption of control over signalization of streets located within the City. The discussion item (NB 16) was not reached at the September 10, 2025 PSNQLC meeting The discussion item (NB 17) was not reached at the October 22, 2025 PSNQLC meeting At the February 25, 2026 City Commission meeting, as part of a separate agenda item (C7 Z) not reached during the February 5, 2026 City Commission meeting, the City Commission will consider a resolution requesting that Miami -Dade County amend County Code Section 2-96.1, along with any other applicable sections of the Miami -Dade County Code, in order to provide the City with traffic signal timing control authority overs streets and roadways within the City as a two (2)-year pilot program. 372 of 1709 ANALYSIS From a roadway jurisdictional standpoint, Ocean Drive is a local municipal street owned and maintained by the City. However, pursuant to Section 2-96.1 of the Miami -Dade County Code (excerpted below for reference), the Miami -Dade County Department of Transportation and Public Works ("DTPW") has exclusive jurisdiction over all traffic control in incorporated and unincorporated areas of the County. Furthermore, the County Code prohibits all municipalities in Miami -Dade County from exercising any such powers, duties and functions. The County's regulatory authority includes, but is not limited to, the approval/denial, permitting, installation/removal, operations, and maintenance of vehicular travel lanes, bicycle lanes, lane widths, striping and pavement markings, directional traffic flow and modifications, street closures, posted speed limits, pedestrian crosswalks, traffic calming devices, traffic control signs, and traffic signals, and pedestrianization of streets. Sec. 2-96.1. - Jurisdiction declared exclusive; tampering with control devices prohibited. From and after September 16, 1960, all traffic engineering services shall be performed by the traffic and transportation department, and such department shall have exclusive jurisdiction over all traffic control devices in both the incorporated and unincorporated areas of the county, and shall have exclusive jurisdiction to exercise the powers, duties and functions set forth herein. All municipalities in Miami -Dade County are prohibited from exercising any such powers, duties and functions, and shall not interfere with the performance thereof by said county department; provided, however, that the County Manager or designee, in his/her sole discretion, may authorize municipalities, which desire and are equipped and able to perform certain traffic engineering functions, to assume, together with all liability and without additional cost to the County, through an individual Intergovernmental Agency Agreement, and for local municipal streets only, the installation and maintenance of regulatory and street name signs, warning signs, construction warning signs, markings and barricades, pavement markings, traffic maintenance and traffic calming devices, all as may be specifically provided in the Agreement and subject to performing appropriate traffic engineering studies if required by such Agreement. The Department shall, however, retain exclusive jurisdiction over the permanent closure of access to any road or street. It shall be unlawful for any person, firm, corporation, or other legal entity, including municipal corporations, to change, modify, install, remove, damage, deface or destroy any traffic control device, unless authorized to do so by the traffic and transportation department, or by an Intergovernmental Agency Agreement. In accordance with Section 2-96.1 of the County Code, DTPW may grant a municipality authority to perform certain traffic engineering functions, at no cost to the County, provided the municipality assumes all liability. This transfer of authority (and liability) is granted to a municipality through an Intergovernmental Agency Agreement ("IAA"). Over the years, the City and the County have partnered and executed multiple IAAs for various traffic engineering functions, including, but not limited to, the design, construction, implementation, operations and maintenance of traffic calming devices, green bicycle lanes, bicycle lane protection devices, reduced (25 MPH) speed limit signs in residential neighborhoods, electronic speed feedback signs, and rapid rectangular flashing beacons throughout the City. In addition, pursuant to 23 Code of Federal Regulations (CFR), Part 655, Subpart F, the U.S. Department of Transportation Federal Highway Administration (FHWA) publishes the Manual on Uniform Traffic Control Devices for Streets and Highways ("MUTCD") which defines the standards used by transportation agencies nationwide to install and maintain traffic control devices, including road markings, signs, stop signs, and traffic signals, on all streets, highways, pedestrian and bicycle facilities, and roadways open to public travel. It is important to note that the established criteria and standards in the MUTCD governing the design and installation of allowable traffic control devices could present regulatory challenges that limit or even prohibit community -desired street designs and traffic control devices, including, but not limited to painted crosswalks and stop 373 of 1709 signs, on Ocean Drive. The Administration continues to work with DTPW to obtain approval for the current interim reconfiguration of Ocean Drive (i.e. one soulhbound vehicular travel lane and two-way protected bicycle lanes) while the City finalizes the ongoing evaluation of various potential long- term/permanent reconfiguration scenarios for Ocean Drive, including full or partial pedestrianization and one-way or two-way vehicular traffic Flow. As part of a separate item on the February 25, 2026 City Commission meeting agenda (as agenda item R7 S was not reached during the February 5, 2026 City Commission meeting), the Administration will present a resolution, for City Commission consideration, approving the recommended permanentllong-term reconfiguration of the Ocean Drive corridor, for full pedestrianization, subject to DTPW approval of the proposed concepts. FISCAL IMPACT STATEMENT A fiscal impact has not been determined at this time. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) The Business Impact Estimate (BIE) was published on . See BE at: httys,ilwww.miamibeachfi.gov/city-hall/city- lerkimeeting-notices/ FINANCIAL INFORMATION N/A CONCLUSION Given the current prohibitions and restrictions in the Miami -Dade County Code governing traffic engineering and traffic control, and in the absence of any local precedent on this issue, it is unlikely that Miami -Dade County would grant the City, or any other municipality in Miami -Dade County, exclusive and autonomous control over all traffic engineering functions and traffic control devices, existing and future, on a local public roadway(s) within its municipal boundaries. Furthermore, national standards established in the MUTCD prescribe the design and installation criteria for traffic signals and signage on all public roadways. Thus, while autonomous control of Ocean Drive would be desirable for the City, there would be regulatory parameters and limitations in terms of allowable street designs and traffic control devices on Ocean Drive that may conflict with the community's vision and desires for the reconfiguration of Ocean Drive. In light of the forthcoming City Commission resolutions on the February 25, 2026 City Commission meeting agenda approving the permanentllong-term reconfiguration of the Ocean Drive corridor for full pedestrianization and requesting that Miami -Dade County amend County Code Section 2- 96.1 to grant the City authority to control traffic signal timing as a pilot program, the Administration is prepared to advance discussions with Miami -Dade County in the context of potentially granting the City autonomous control over Ocean Drive. Aoolicable Area South Beach Is this a "Residents Right to Know" item. Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Proiect? 374 of 1709 Yes No Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec. 2-481 includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department Transportation and Mobility Sponsor(s) Commissioner Laura Dominguez Co-sponsor(s) Commissioner Joseph Magazine Condensed Title Discuss Formally Petitioning M-DC to Grant CMB Autonomous Control over Ocean Dr. TR 375 of 1709 C4 R REFERRAL TO THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE TO DISCUSS/TAKE ACTION REGARDING THE CITY OF MIAMI BEACH FORMALLY PETITIONING MIAMI-DADE COUNTY TO GRANT MIAMI BEACH AUTONOMOUS CONTROL OVER OCEAN DRIVE. Applicable Area: 376 of 1709 Committee Referrals - C4 R MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Laura Dominguez DATE: June 25, 2025 TITLE: REFERRAL TO THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE TO DISCUSSITAKE ACTION REGARDING THE CITY OF MIAMI BEACH FORMALLY PETITIONING MIAMI-DADE COUNTY TO GRANT MIAMI BEACH AUTONOMOUS CONTROL OVER OCEAN DRIVE. RECOMMENDATION BACKGROUND/HISTORY ANALYSIS Please refer a discussion to the Public Safety and Neighborhood Quality of Life Committee ("PSNQLC") to evaluate and recommend actions to pursue local control over Ocean Drive. The Art Dew Neighborhood Association (ADNA) has put forth a motion advocating for Miami Beach to take full control of its destiny and Ocean Drive, emphasizing the need for local autonomy. Given current legal limitations, the most viable course of action would be to formally urge Miami -Dade County to amend its Code or take other steps necessary to grant control over Ocean Drive to the City. I would like the PSNQLC to discuss and make recommendations to the Mayor and City Commission regarding this important matter. FISCAL IMPACT STATEMENT N/A Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https•//www.miamibeachfi.clov/city-hail/city-clerklmeetinu-notices/ FINANCIAL INFORMATION CONCLUSION 377 of 1709 Applicable Area South Beach Is this a "Residents Right to Know" item. Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? No No Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec. 2-481 includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Deoartment Office of Commissioner Laura Dominguez Sponsortsl Commissioner Laura Dominguez Co-sponsor(s) Commissioner Joseph Magazine Condensed Title Ref: PSNOLC - Petition M-DC, Grant CMB Autonomous Control over Ocean Dr. (Dominguez/Magazine) Previous Action (For City Clerk Use Only) 378 of 1709 Cardillo, Lilia From: Cardillo, Lilia Sent: Thursday, June 4, 2026 10:24 AM To: Gonzalez, Jose R. Cc: Granado, Rafael Subject: Resolution 2026-34262 Attachments: Resolution 2026-34262.pdf Hi Jose, Please see attached Resolution No. 2026-34262, ACCEPTING THE FAVORABLE RECOMMENDATION OF THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE, AT ITS FEBRUARY 19, 2026 MEETING, TO FORMALLY PETITION MIAMI-DADE COUNTY TO GRANT MIAMI BEACH AUTONOMOUS CONTROL OVER OCEAN DRIVE, foryou to handle. /.. P�AER/CFq. /� ,i=.y MIAMI BEACH Lilia Carnal*, A9enea Coordinator OFFICE OF THE CITY CLERK 17M Convention Center Drive, Miami Brach, FL 33139 Tel:3 73-1411/v .miamibearhll.aov We ace mmmieredmprovulint: excel(enrp,Elic service and lryroall who live. w�rkaMMaY in our vib.unr. lroyiwl. lurrwic rommwiry