2014-3863 Ordinance ORDINANCE NO. 2014-3863
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF
THE MIAMI BEACH CITY CODE, ENTITLED "TRAFFIC AND
VEHICLES," BY AMENDING ARTICLE 11, ENTITLED "METERED
PARKING," BY AMENDING DIVISION I, ENTITLED "GENERALLY,"
BY AMENDING SECTION 106-55, ENTITLED "PARKING RATES,
FEES, AND PENALTIES," BY AMENDING SUBSECTION (N),
ENTITLED, "HYBRID/ILEV (INHERENTLY LOW EMISSIONS
VEHICLES) VEHICLES INCENTIVE,go BY AMENDING VEHICLE
PARTICIPATION CRITERIA FOR THE HYBRID/ILEV VEHICLES
INCENTIVE PROGRAM TO SUBSTITUTE VEHICLES WITH AN EPA
(ENVIRONMENTAL PROTECTION AGENCY) SMARTWAY
DESIGNATION; AND ESTABLISHING AN ANNUAL MIAMI BEACH
RESIDENT PERMIT FEE FOR SCOOTERS AND MOTORCYCLES;
PROVIDING FOR CODIFICATION, REPEALER,SEVERABILITY,AND
AN EFFECTIVE DATE.
WHEREAS, the EPA (Environmental Protection Agency) recently amended their rating
system and established the term "Smartway" as the designation for qualified vehicles, in lieu of a
numerical rating system and the term "Hybrid/ILEV," thereby requiring an amendment to the City
Code reflecting these changes; and
WHEREAS, the Mayor and Commission directed the Administration to expand and
promote the use of scooters and motorcycles throughout the City by increasing availability of parking
spaces and reduce parking fees for scooters and motorcycles at municipal parking facilities; and
WHEREAS, at the April 23, 2014 City Commission meeting, the Mayor and Commission
discussed and held the first reading n the proposed ordinance amending the City Code to allow for
9 p p 9 tY
an annual permit fee for scooters and motorcycle and during its discussion, the Mayor and
Commission gave direction to allow for an annual permit fee for scooter and motorcycles for Miami
Beach residents only at designated scooter and motorcycle metered on-street or off-street municipal
parking spaces; and
WHEREAS, an amendment to the City Code is necessary to establish reduced parking
fees for scooters and motorcycles which fee shall be an annual permit fee of $100.00 for Miami
Beach residents who are registered with the State of Florida as the owners of the scooters and
motorcycles, which permit will be honored at any designated scooter and motorcycle metered on-
street or off-street municipal parking space; and
WHEREAS, inventory expansion of designated scooter and motorcycle spaces parking
spaces shall be based on increased demand; and
WHEREAS,the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 106, "Traffic and Vehicles," Article 11, "Metered Parking," Division 1,
"Generally," Section 106-55, "Parking Rate Fees, and Penalties," of the Code of the City of Miami
Beach, Florida, is hereby amended as follows:
Chapter 106. Traffic and Vehicles
Article II. Metered Parking
Division. 1 Generally
Sec. 106-55. Parking rates, fees, and penalties.
(n) Smartway HybFidil EV (InheFeF#ly Lew Emis,i9i;6 Vehicles) vehicles
incentive. °^+i.,o QGtGh°r 1 2010, tThe Smartway HybFidill program will use
the state ILEV list; or the EPA (Environmental Protection Agency) VehiGle Fating-9
26"9F higheF 9 "Smartway"designation; and allow all street legal electric vehicles to
qualify for participation in the program. Incentives to be offered to qualified and
registered vehicle owners include:
(3) Five hundred city-wide parking decals, honored at metered spaces
only, shall be available only to state-registered Smartway HybFidA c\/
vehicles receiving an EPA(Environmental Protection Agency)FatiRg Gf" "
higheF OF"Smartway" designation; and all street legal electric vehicles on a
first-come, first served basis. The cost of the #mid Smartway city-wide
decal is $100.00 per year.
(4) Two percent of the parking spaces at the 42"d Street Municipal
Parking garage may be designated as "l ybFidili "Smartway Vehicle
Parking Only"for use by recognized HybFidill E-V"Smartway"vehicles. One
percent of the parking spaces at the 7th Street garage and 13"Street garage
may be designated as"u"hrirl/II C\/"Smartway Vehicle Parking Only"for use
by recognized u"hrWII EV Smartway vehicles. Notwithstanding the
preceding sentence,the city manager or his designee,who shall be the city's
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parking director, reserves the right, in his reasonable business judgment and
discretion, to temporarily suspend the aforestated "HybFidA "Smartway
Vehicle Parking Only" during special events in order to ensure maximum
utilization of all parking spaces.
(o) Resident scooter and motorcyle permits Annual scooter and motorcycle
parking permits are available for a fee of $100.00 per scooter or motorcycle for
Miami Beach residents who are registered with the State of Florida as the scooter or
motorcycle owner. The permit will be honored at all designated scooter and
motorcycle municipal metered parking spaces.
SECTION 2. CODIFICATION..
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Code of
the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word"ordinance" may be changed to"section", "article", or other
appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days following adoption.
PASSED AND ADOPTED this day of , 2014.
ATTEST: '
ILIP LEVI E OR
INCCRF jOR/,TE�` �a
..\"'lll�JJl..f •ly ��,t\• fir'
U, >;
RAFAE E. GRANADO, CITY CLER
APPROVED AS TO
(Sponsored by Mayor Philip Levine) FORM&LANGUAGE
&FOR EXECUTION
Underscore denotes new language
denotes deleted language 5/6/2014 �-- 5 rl `A,
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3
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 106, "Traffic and Vehicles" Subsection (N), "Hybrid/ILEV (Inherently
Low Emissions Vehicles) Vehicle Incentive," Vehicle Participation Criteria to include vehicles with an
EPA (Environmental Protection Agency) Smartway Designation; and establishing a Miami Beach
resident only annual permit fee honored at designated scooter and motorcycle metered on-street and
off-street parking spaces; providing for codification, repealer, severabilit , and an effective date.
Key Intended Outcome Supported:
Improve Parking Availability. .
Supporting Data (Surveys, Environmental Scan, etc 74% of residents and 72% of businesses
rate the availability of parking across the City as too little or much too little. Availability of
parking was one of the changes residents identified to Make Miami Beach better to live, work
or play.
Item Summa /Recommendation:
On March 5, 2014, the Mayor and Commission directed the Administration to expand and promote the
use of scooters and motorcycles throughout the City. Specifcally, direction was given to increase the
availability of parking spaces for scooters and motorcycles and provide a reduced parking fee for
scooters and motorcycles at municipal parking facilities throughout the City. Scooter and motorcycle
parking spaces are designated in municipal on-street and off-street parking locations, citywide.
Currently, there are a total of 661 designated scooter and motorcycle parking spaces, citywide. 481
spaces are regulated as metered spaces in commercial districts and 180 are in residential areas.
Scooter and motorcycle parking is established in the following ways: (1) reburbishment of municipal
parking lots or streetscape; (2) resident/citizen requests; and (3) staff observation.
On April 23, 2014, the Mayor and Commission held the first reading of this item and amended the
proposed ordinance as follows: an annual permit fee of $100.00 for Miami Beach residents only
honoring scooters and motorcycles at any designated scooter or motorcyle metered on-street or off-
street parking space.
Additionally, the EPA revised their rating system and extablished a "Smartway" designation for
qualified vehicles. The EPA's amended language is reflected in the proposed ordinance.
The Administration recommends that the City Commission approve the Ordinance on second and final
public hearing.
Advisory Board Recommendation:
[-on May 5, 2014, the Transportation and Parking Committee endorsed this initiative.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
It is estimated that transitioning scooter and motorcycle parking fees from a metered hourly rate of
$1.75 (South Beach) and $1.00 (Middle and North Beach) to an annual permit fee of$100 will result in
an annual revenue decrease of approximately$180,000 or$900,000 over a five year period.
City Clerk's Office Legislative Tracking:
Saul Frances,extension 6483
Sign-Offs:
Departm nt Director Assistant Ci Manager Ci anager
SF KGB JLM
T:\AGENDA\2014\May\ScooterMotorcylceParkingHybridParking 6rdAmendSecondReading.sum.docx
1
MIAMIBEACH AGENDA ITEM FSG
DATE 5_2/_/
�
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members WtheCity ommissio n
FROM: Jimmy L. Morales, City Manager
DATE: May 21, 2014 S AND_FINAL PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAY04 AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE MIAMI BEACH
CITY CODE, ENTITLED"TRAFFIC AND VEHICLES," BY AMENDING ARTICLE
II, ENTITLED "METERED PARKING," BY AMENDING DIVISION I, ENTITLED
"GENERALLY," BY AMENDING SECTION 106-55, ENTITLED "PARKING
RATES, FEES, AND PENALTIES," BY AMENDING SUBSECTION (N),
ENTITLED, "HYBRID/ILEV (INHERENTLY LOW EMISSIONS VEHICLES)
VEHICLES INCENTIVE," BY AMENDING VEHICLE PARTICIPATION CRITERIA
FOR THE HYBRID/ILEV VEHICLES INCENTIVE PROGRAM TO INCLUDE
VEHICLES WITH AN EPA (ENVIRONMENTAL PROTECTION AGENCY)
SMARTWAY DESIGNATION;AND ESTABLISHING AN ANNUAL MIAMI BEACH
RESIDENT PERMIT HONORED AT DESIGNATED ON-STREET AND OFF-
STREET SCOOTER AND MOTORCYLE PARKING SPACES; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and Commission approve the ordinance
amendment at the second and final public hearing.
ANALYSIS
On April 23, 2014, the Mayor and Commission held the first reading of this proposed
ordinance and amended it as follows: approved an annual permit fee of$100.00 for Miami
Beach residents only honoring scooters and motorcycles at any designated scooter and
motorcyle metered on-street or off-street parking space only.
On March 5, 2014, the Mayor and Commission held discussion Item No. R9M related to
scooter parking and bicycle parking/racks. The Mayor and Commission directed the
Administration to expand and promote the use of scooters and motorcycles throughout the
City. Specifically, direction was given to increase the availability of parking spaces for
scooters and motorcycles and provide a reduced parking fee for scooters and motorcycles at
municipal parking facilities throughout the City.
Scooter and motorcycle parking spaces are designated in municipal on-street and off-street
parking locations, citywide.This is accomplished by converting a conventional parking space
with dimensions of 85 wide by 22' long into four (4) S/M spaces 8.5' wide by 45 long.
Currently, there are a total of 661 designated scooter and motorcycle parking spaces,
citywide. 481 spaces are regulated as metered spaces in commercial districts and 180 are
in residential areas. Typically, scooter and motorcycle parking is established in one of the
following ways:
May 21, 2014 City Commission Memo
Scooter/Motorcycle Parking Incentive Amendments—Second and Final Public Reading
Page 2 of 3
• Reburbishment of municipal parking lots or streetscape projects are designed to
include scooter and motorcycle parking spaces.
• Resident/citizen requests for placement of scooter and motorcycle parking spaces.
• Staff observation of areas with heavy congregation of scooter and motorcycles.
An amendment to the City Code, requiring two meetings, one of which is a public hearing, is
necessary in order to initiate the following amendments:
• Establish a deeply discounted annual permit fee of $100.00 for registered
owners of scooters and motorcycles to park at any metered on or off-street
municipal parking space. It is important to note that pursuant to Parking Revenue
Bond Covenants, Section 710, entitled, "No Free Parking", we may not allow free
parking for this purpose.
• The annual permit shall be based on the vehicle's license plate through our
transition to the "pay by plate" platform. The scooter and motorcycle permit
program will commence upon approval of the second reading and final public
hearing at the May 21, 2014, City Commission Meeting. If approved,the enactment
of this ordinance would be effective ten (10) days after the second and final
hearing or May 31, 2014.
• In South Beach, where utilization of metered scooter/motorcycle spaces is
highest, the average use per day, per space is calculated at 51 minutes.
Intuitively, this seems low; however, please note that the calculation is based on
the revenue generated over an 18 hour period (9AM to 3AM) when metered
spaces are enforced. Therefore, this wide time frame dilutes peak periods of
usage. Unfortunately, there is no data available to quantify usage in shorter
intervals.
• The Administration will identify opporunuties to expand the number of scooter and
motorcycle parking spaces, citywide. Areas of high density will have priority for
expansion; however,the goal is to increase the current inventory by 50%, resulting
in 1,000+ designated scooter and motorcycle parking spaces, citywide. Please
refer to the attached maps for the existing locations of scooter and motorcycle
parking spaces, citywide.
• The EPA (Environmental Protection Agency) recently revised their rating system
and extablished a "Smartway" designation for qualified vehicles, in lieu of a
numerical rating system. The revised language is reflected in the proposed
ordinance.
FISCAL IMPACT
It is estimated that transitioning scooter and motorcycle parking fees from a metered hourly
rate of$1.75(South Beach)and $1.00 (Middle and North Beach)to an annual permit fee of
$100 will result in an annual revenue decrease of approximately$180,000 or$900,000 over
a five year period.
May 21, 2014 City Commission Memo
Scooter/Motorcycle Parking Incentive Amendments—Second and Final Public Reading
Page 3 of 3
Expansion of Bicycle Racks
On March 5, 2014, the Mayor and Commission held discussion Item No. R9M related to
scooter parking and bicycle parking/racks.A referral item to the Neighborhoods/Community
Affairs Committee (NCAC) is on this agenda for a discussion regarding the expansion,
location, and design of bicycle racks, citywide.
CONCLUSION
In conclusion,the Administration recommends that the Mayor and City Commission amend
Chapter 106, "Traffic and Vehicles"Article 11, "Metered Parking" by amending Sections 106-
55(n), "Parking Rates, Fees, and Penalties; amending incentives for Hybrid/ILEV vehicles
and establish a Miami Beach resident annual permit fee of$100.00 honored at designated
on-street and off-street scooter and motorcycle parking spaces and approve the EPA's
Sm ay designation in lieu of a numerical rating system.
JLM/ B/SF
TA AG Second Reading.cme.doc
i
MIAMi HERALD I MiamiHerald.com NE THURSDAY,MAY 8,2014 1 19NE
MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach Florida,in the Commission Chambers,3rd floor,City Hall,1700 Comrention Center Drive,
Miami Beach,Florida,an Wednesday,May 21,2014,to consider the following:
10:00 a.m.
Ordnance Amending Chapter 2 Of The Code Of The City Of Miami Beach,Entitled"Administration,"By Amending Article I,Entitled"in General,"By Creating Section 2.1,To Be Entitled'Reasonable Opportunity
To Be Heard,"To Provide Rules Regarding Public Participation in City Meetings.Inquiries may be directed to the CityA(icarney's Ohgce 305-673-7470
1(1:05 a.m.
Ordinance Amending Miami Beach City Code Chapter 2 Entitled"Administration,"Article VII"Standards Of Conduct,'Section 2-458 Thereof Entitled'Supplemental Abstention And Disclosure Requirements"By Providing
That A City Of Miami Beach Elected Or Appointed Public Officer With A Conflict Of Interest On A Particular Matter Shall Absent Himself From The Agency Meeting On Which He Serves During Said Agency's Discussion
Of That Matter.Inquiries may be directed to the City Attorney's Office 305-673-7470.
10:10 a.m.
Ordinance Amending Chapter 10 Of The Miami Beach City Cade,Entitled`Animals,"By Creating Section 10-17,To Be Entitled`Certain Techniques And Devices Prohibited;Enforcement;Penalties";And By Amending
Sections 10-2 And 1.0-316 Cross-Reference The New Provisions In Section 10-17.Inquiries maybe directed to the QyAttorney�Office 305-673-7470.
10:15 a.m.
Ordinance Amending Chapter 10 Of The Miami Beach City Code,Entitled"Animals,"By Creating Section 10-18,To Be Entitled`Requirements For Sales Of Dogs And Cats;Definitions;Permitted Sources;Certificate
Of Source;.Penalties%And By Amending Sections 10-2 And 10-3 To Cross-Reference The New Provisions In Section 10-18.Inquiries maybe directed to the QyAlttorney�Office 305.673-7470.
11120 a.m.
Alcohol in Movie Theaters
An Ordinance Amending The City Code,By Amending Chapter 6,"Alcoholic Beverages,"Article I,"in General,`Section 6-4,"Location And Use Restrictions,"By Permitting Alcohol Beverages To Be Sold In Motion Picture
Theaters,Establishing Criteria,Standards And Procedures For Eligible Theaters And Where Alcohol Can Be Sold And Consumed;And Amending Section 6-5,"Patron Age Restrictions,"Exempting Motion Picture Theaters
From The Code's Patron Age Restrictions.Inquiries may be directed to the City Attorney°;Office 305-673-7470.
10-25 a.m.
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach,Florida,Amending Chapter 70 Of The Code Of The City Of Miami Beach,Entitled"Miscellaneous Offenses;By Amending Article 11,Entitled
'Public Places"By Amending Division 2,Entitled"Bicycling,Skateboarding,Roller Skating,In-Llne Skating,And Motorized Means Of Transportation,"By Amending Section 70-67 Thereof,Entitled"Prohibited Activities,'
To Prohibit The Operation Of Motorized Means Of Transportation In,On Or Upon Any Portion Of A)The Beachwalk Between 15°And 23"Streets,Between 6411 And 791 Streets,And South Of 5-'Street;B)The Lummus
Park Promenade(Also Known As The Lummus Park Serpentine Walkway)Between P And 1511 Streets;C)The Sidewalks On The East Side Of Ocean Drive Between South Pointe Drive And 15°Street;D)The South Pointe
Park Cutwalk Adjacent And Parallel To Government Cut;And E)The Marina Baywalk Adjacent And Parallel To Biscayne Bay And South Of 5e Street;Providing For Repealer,Severability,Codlfication;And An Effective Date.
Inquiries may be directed to the City Attorney's Office 305-673-7470.
10:30 a.m.
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach,Florida,Amending Chapter 106 Of The Miami Beach City Code,Entitled"Traffic And Vehicles,"By Amending Article II,Entitled"Metered
Parking,"By Amending Division.1,Entitled"Generally,"By Amending Section 106-55,Entitled'Parking Rates,Fees,And Penalties,"By Amending Subsection(N),Entitled,"Hybrid/tLEV(inherently Low Emissions Vehicles)
Vehicles Incentive,"ByAmendingVehide Participation Criteria ForTne Hybrid/ILEVVehicles Incentive Program To Substitute Vehicles With An EPA(Environmental Protection Agency)Smartway Designation;And Establishing
An Annual Miami Beach Resident Permit Fee For Scooters And Motorcycles;Providing For Codification Repealer,Se v
erabiNty,And Air Effective Date.Inqu,r/es may be directed to the Parking Department 305-673-7275.
10:35 a.m.
An Ordinance Amending Chapter 106 Of The Miami Beach City Code,Entitled°Traffic And Vehicles,'By Amending Article II,Entitled`Metered Parking,"By Amending Division I,Entitled'Generally,"By Amending Section 106-47,
Entitled"Freight,Commerdai,And Passenger Curb Loading Zones;Hours,Deliveries";Creating Subsection(F),Permit Required;Further Amending Section 106-55;Establishing Subsection(0),Entitled,"Freight Loading Zone
(FLZ)Permit";And Subsection(P),Entitled,Alley Loading(AL)Permit;Providing For Codification,Repealer,Severability,And An Effective Date.Inquiries maybe directed to the Parking Department 305-673 7275
10:40 a.m.
AFSCME MBEAP Ordinance
An Ordinance Implementing Provisions Of The 2013-2016 Collective Bargaining Agreement Between The City And Th e American Federation Of State,County And Municipal Employees,(AFSCME)Local 1554;Amending
The Miami Beach Employees'Retirement Plan Created By Ordinance 2006-3504;Amending Section 2.26 Of The Plan By Extending The Deferred Retirement Option Plan(DROP)Program From Three(3)To Five(5)
Years For Eligible Members.Amending Section 5.13 To ReflectAmended Eligibility And Participation Requirements And Amended DROP Plan Features;Amending Section 4.03 By Eliminating The Purchase Of Additional
Creditable Service Effective April 23,2015;Amending Section 6.02 Of The Plan By Reinstating An Additional Two Percent Member Contribution For Members Of The AFSCME Bargaining Unit Hired Prior To September 30,
2010-.And Eliminating The Additional Two Percent Member Contribution When The Plan Actuary Confirms That The City`s Annual Required Contribution To The Retirement Plan Is 23.5%Of Payroll Or Less.Inquiries may
be directed to the Human Resources Department 305-673-7524.
NOTE See also advertisement d 884,for additional public hearings occurring on May 21,2014.
Dr.Stanley Sutnick Citizen's Forum-The times for the Dr.Stanley Sutnick Citizens Forum are 8:30 am.and 1:00 p.m.,or as soon as possible thereafter.Approximately thirty minutes will be allocated to each session,
With individuals being limited to no more than three minutes or far a period established by the Mayor.No appointment or advance notification is needed In order to speak to the Commission during this Forum.
INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent,or to express their views In writing addressed to the City Commission,c/o the City Clerk,1700 Convention Center Drive 10 Floor,
City Halt,Miami Beach,Florida 33139.Copies of time items are available for public inspection during normal business hours in the City Clerk's Office.1700 Convention Center Drive,10 Floor,City Hall,Miami Beach,
Florida 33139.This meeting.or any item herein,may be continued,and under such circumstances,additional legal notice need not be provided.
Pursuant.to Section 286.0105;Fla.Stat;the City hereby advises the public that:if a person decides to appeal anydecislon made by the City Commission with respect to any matter considered at its meeting or its hearing,
such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City
for the introduction or admission of otherwise inadmissible of irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law.
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 us five days in advance at 305-673-7411(voice)or TTY users may also tall the Florida Relay Service at 711.
Rafael E Granada,City Clerk
City of Miami Beach