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2019-30780 Resolution RESOLUTION NO. 2019-30780 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE REGARDING ON-STREET TRUCK LOADING. WHEREAS, on February 13, 2019, the Mayor and Commission approved a referral of the subject item to the Neighborhood/Community Affairs Committee(NCAC); and WHEREAS. the Transportation, Parking and Bicycle-Pedestrian Facilities Committee (TPBPFC) requested information regarding on-street truck loading, assessment of current systems, and the development of a citywide plan; and WHEREAS, concurrently, the Miami Beach Chamber of Commerce also expressed concerns from its membership related to enforcement of Freight Loading Zone (FLZ) violations through Right-of- Way (ROW) citations and expressed concerns with the issuance of moving violations by the Police Department as this may impact the driver's Commercial Driver's License (CDL); and WHEREAS, the following initiatives were recommended by the City Administration to address the trucking industry and Chamber of Commerce's membership concerns: • Adjustments to capacity and days/hours of Freight Loading Zone (FLZ) locations based on review of"hot spots" where ROW violations have been issued due to insufficient capacity for freight loading. • Further adjustments in FLZ capacity and days/hours based on utilization surveys. Please note we have already received feedback from the trucking industry regarding high demand areas in need of expanded FLZ locations. Of course, this may include FLZ reductions in underutilized areas. • Transition issuance of ROW violations from company/purveyor to vehicle/driver. This will place responsibility (and accountability) to the driver/vehicle as opposed to the company/purveyor. Moreover, this would address the industry's concerns with the rapid escalation of the ROW fines as violations would be disbursed among a broader number of incidents as opposed to the company/purveyor; and WHEREAS, the Police Department confirmed that citations issued for lane obstruction is a non- moving violation and has no bearing on the driver's CDL and moving violations are only issued when another traffic infraction is observed by the police officer; and WHEREAS, at its meeting on March 19, 2019, the NCAC made the following recommendations: Direct the Administration to proceed with the implementation of their aforementioned recommendations through the proposal of appropriate City Code amendments that would include amendments to the right-of-way fine schedule to four offenses with the first offense commencing at $500; second offense $1,000; third offense $5,000; and fourth offense $10,000. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, tha .,0»''='=i•tol d City Commission hereby accept the recommendations of the Neighborhood/Com +, fhC.41 I4144-: regarding On-street Truck Loading lb as set forth herein. ' PASSED and ADOPTED this 10thti,iarvi 0, iNco ATTEST: ___i ... oR3 • Ao o •ED AS TO �'1311 ,.p:••• \\' TF[pa�1 - Iber, Mayor FORM & LANGUAGE r ��i`� •••�� - & FOR XECUTION Rafael E. Granad., City C11 erk �� �J n + II,�4��26TM.�Jed' �(//�/ S 411/1 _ t:lagenda12019104 apNlparkinglrecommendationncaconstreettrucktoading.res.doc I�'�U�*" " `'��� / p� �� + City Attorney--vr Date Resolutions -C7 S MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: April 10, 2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE REGARDING ON-STREET TRUCK LOADING. RECOMMENDATION The Administration supports the following Neighborhood/Community Affairs Committee(NCAC) recommendations: • Adjustments to capacity and days/hours of Freight Loading Zone (FLZ) locations based on review of "hot spots" where ROW (Right-of-Way) violations have been issued due to insufficient capacity for freight loading. • Further adjustments in FLZ capacity and days/hours based on utilization surveys. Please note we have already received feedback from the trucking industry regarding high demand areas in need of expanded FLZ locations. Of course, this may include FLZ reductions in underutilized areas. • Transition issuance of ROW violations from company/purveyor to vehicle/driver. This will place responsibility (and accountability) to the driver/vehicle as opposed to the company/purveyor. Moreover, this would address the industry's concerns with the rapid escalation of the ROW fines as violations would be disbursed among a broader number of incidents as opposed to the more obtuse approach with the company/purveyor. • Amend the right-of-way fine schedule to four offenses with the first offense commencing at $500; second offense$1,000; third offense$5,000; and fourth offense$10,000*. * Please note the first reading of an ordinance amendment of the City Code to effectuate this recommendation is a companion item on this agenda BACKGROUND On February 13, 2019, the Mayor and Commission approved the referral of the subject item (C4H)to Neighborhoods and Community Affairs Committee (NCAC). The Transportation, Parking and Bicycle-Pedestrian Facilities Committee (TPBPFC)requested information regarding on-street truck loading and assessment of current system and Page 568 of 1091 development of a citywide plan. Concurrently, the Miami Beach Chamber of Commerce has also expressed concerns from their membership related to enforcement of freight loading zones (FLZ) violations through Right-of- Way(ROW)citations. Additionally, there were concerns expressed with the issuance of moving violations by the Police Department as this may impact the driver's CDL (commercial driver's license). ANALYSIS The following initiatives were presented to NCAC to address the trucking industry and Chamber of Commerce's membership concerns: • Adjustments to capacity and days/hours of Freight Loading Zone (FLZ) locations based on review of "hot spots" where ROW (Right-of-Way) violations have been issued due to insufficient capacity for freight loading. • Further adjustments in FLZ capacity and days/hours based on utilization surveys. Please note we have already received feedback from the trucking industry regarding high demand areas in need of expanded FLZ locations. Of course, this may include FLZ reductions in underutilized areas. • Transition issuance of ROW violations from company/purveyor to vehicle/driver. This will place responsibility (and accountability) to the driver/vehicle as opposed to the company/purveyor. Moreover, this would address the industry's concerns with the rapid escalation of the ROW fines as violations would be disbursed among a broader number of incidents as opposed to the more obtuse approach with the company/purveyor. For informational purposes, the Police Department confirmed that citations issued for lane obstruction is anon-moving violation and has no bearing on the driver's CDL (Commercial Driver's License). Moving violations are only issued when another traffic infraction is observed by the police officer. Right-of-Way (ROW) Fine Schedule: The ROW fine schedule is: 1st Violation-$1,000 2nd Violation-$5,000 3rd Violation-$10,000. The aforementioned fine schedule for ROW violations is aggressive. This was approved by a former City Commission to achieve compliance. The ROW violation fine schedule is ordained by the City Commission and would require an ordinance amendment to revise it. Please note that the potential reduction of these fines may have an adverse impact on traffic congestion by way of increased travel lane obstructions. NCAC Recommendations: The NCAC made the following recommendations: Page 569 of 1091 • Direct the Administration to proceed with the implementation of their aforementioned recommendations. • Amend the right-of-way fine schedule to four offenses with the first offense commencing at$500; second offense $1,000;third offense $5,000; and fourth offense $10,000*. *Please note the first reading of an ordinance amendment of the City Code to effectuate this recommendation is a companion item on this agenda. TPBPFC - Request The Parking and Transportation Departments will provide the TPBPFC with detailed information regarding the City's Freight Loading Zone Program. CONCLUSION The Administration recommends that the Mayor and Commission approved the attached Resolution accepting the recommendations of the NCAC regarding On-street Truck Loading. Legislative Tracking Parking ATTACHMENTS: Description ❑ Resolution Page 570 of 1091