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99-23328 RESO RESOLUTION NO. 99-23328 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO APPROPRIATE $200,000 IN OCEAN DRIVE TRAFFIC MITIGATION PLAN FUNDS, DEPOSITED IN CITY ESCROW ACCOUNT NUMBER 601.7000.229019, TO MATCH AN ADDITIONAL $200,000 IN FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS, THEREBY COMPLETING THE FUNDING PACKET FOR THE PROPOSED FISCAL YEAR 1999-2000 ELECTROW A VE OPERATING BUDGET; SUCH APPROPRIATION BEING CONSISTENT WITH THE OBJECTIVES OF BOTH THE OCEAN DRIVE TRAFFIC MITIGATION PLAN AND THE MUNICIPAL MOBILITY PLAN. WHEREAS, on September 23, 1998, the Mayor and City Commission approved the Ocean Drive Traffic Mitigation Plan (the Plan), which was developed by City staff with cooperation and concurrence by twelve participating developers; and WHEREAS, the twelve contributing development/redevelopment projects have already received Design Review Board (DRB)-approval and have one year to pull their respective building permits and deposit their share of the Plan cost with the City; and WHEREAS, the total Plan cost is estimated at $500,000, of which over $200,000 has been collected to date and deposited in a specific City escrow account, since the Plan is to be implemented by the City; and WHEREAS, there are several implementation components to the Plan: roadway striping; City monitoring, and added Police enforcement; signalization of certain intersections; and increased transit service and transportation system management practices; and WHEREAS, the proposed Fiscal Year 1999-2000 Electrowave Operating Budget requires $200,000 in additional local funds to match an additional $200,000 in Florida Department of Transportation (FDOT) funds, thereby completing the proposed funding packet; and WHEREAS, it is appropriate to use mitigation funds for the purpose, since the Electrowave shuttle service comes within 600 feet ofthe Ocean Drive Corridor, well within the County standards for utilization of transit credits for mitigation purposes; and WHEREAS, this appropriation is consistent with the objectives of both the Ocean Drive Traffic Mitigation Plan and the Municipal Mobility Plan. 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 authorize the Administration to appropriate $200,000 in Ocean Drive Traffic Mitigation Plan funds, deposited in City Escrow Account Number 601.7000.229019, to match an additional $200,000 in Florida Department of Transportation funds, thereby completing the funding packet for the proposed Fiscal Year 1999-2000 Electrowave Operating Budget; such appropriation being consistent with the objectives of both the Ocean Drive Traffic Mitigation Plan and the Municipal Mobility Plan. PASSED AND APPROVED this the 22nd day of September , 1999. I()) MAYOR ATTEST: JWjL{J' Pcudu,- CITY CLERK aJ APPROVED p.s TO FORM & LANGUAGE & fOR EXECUTION 1I{#J1rfJ- . rney ,9 ~~'1;' ......,..r..,....' f ~ CITY OF MIAMI BEACH OFFICE OF THE CITY ATTORNEY , . ~ - .-... . . ('-.... ."., ~ ,~..:., - ~. ~.. C'. / ' I : I '_. ,,~ MEMORANDUM :.: L "'. '" , I "'I . I I i .. - ! -. -.., '/' . . ,-. ; I ... -'G - 010- ..... t. II TO: Joseph Johnson Senior Planner I,' FROM: Raul J. AguilWCY'^ First Assis~tCity ~tt'omey SUBJECT: Use of Ocean Drive Mitigation Funds to Support FY 1999/2000 Electrowave Shuttle Operations DATE: September 2, 1999 This memorandum is prepared in response to your memorandum, dated August 9, 1999, requesting a legal opinion as to whether the developer contributions collected pursuant to the Ocean Drive Traffic Mitigation Improvement Plan (plan) may be applied as a one time contribution to help fund a portion of the Electrowave Shuttle operating budget for FY 1999/2000. I have reviewed Commission Memorandum No. 652-98, dated September 23, 1998, outlining the proposed Plan, as well as Letter to Commission No. 166-1998, dated December 8, 1998, detailing the proposed implementation of the Plan. Additionally, I have reviewed the facts in your August 9, 1999 memorandum; specifically, with regard to the portion of the Plan pertaining to the installation of four (4) new traffic signals at the intersections of Ocean Drive at 7th, 9th, and 11th Streets, and on Collins Avenue at 7th Street, with a total cost varying from $210,000 to $390,000. With regard to the proposed signalization, as set forth above, you state that if the warrant analyses, currently being performed by the City's consultants, meet Miami-Dade County standards for traffic signalization, same can be funded by the County's FY 1999/2000 Transportation Improvement Program (TIP). Therefore, as set forth in your August 9, 1999 memorandum, you ask whether the funds currently earmarked for the signalization in the Plan may be used to fund the Electrowave Shuttle operating budget for FY 1999/2000. In reviewing the Plan, one of the proposed mitigation improvements provides for "increased transit service and transportation system management practices." The Electrowave Shuttle, therefore, would fit within the aforestated definitions, as set forth in the Plan. As further substantiation for same, another component of the Plan provides for the creation of three (3) designated vehicle drop-offlpick-up bays throughout the Ocean Drive Corridor, designed to accommodate the exclusive use of an "expanded Electrowave Transit service on Ocean Drive." 374 From the facts presented in your memorandum, and as represented in our subsequent meetings regarding this issue, you have confirmed that the proposed allocation to the FY 1999/2000 Electrowave Shuttle budget is contemplated as a one time only allocation, to cover a budget shortfall for its FY 1999/2000 operations. While I agree that the Plan contemplated "increased transit service and transportation system management practices," such as the operation of the Electrowave Shuttle within the Ocean Drive Corridor, I believe the proposed allocation, while appropriate and consistent with the Plan, should be subject to the following additional conditions: 1. That an amendment be made to the Plan implementation, to reflect payment of the proposed traffic signalization from the County's FY 1999/2000 TIP, and further clarify the allocation of the mitigation funds, formerly allocated by the City for such purpose, toward the funding of the Electrowave Shuttle FY 1999/2000 budget; and 2. That the allocation to the Electrowave Shuttle operating budget be made subject to confirmation of the above; that is, that the County's TIP will indeed subsidize the cost of the proposed four (4) new traffic signals along Ocean Drive and Collins Avenue. Should you have any questions or comments, please do not hesitate to contact me. RJA\kw F:IA rrOIAGURIMEMOS\ELECW A VE 11 375 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\clmlami-beach.fl.us COMMISSION MEMORANDUM NO. ~4 TO: Mayor Neisen o. Kasdin and Members of the City C mission DATE~ September 22, 1999 FROM: Sergio Rodriguez City Manager I,; SUBJECT: A RESOL I N OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO APPROPRIATE $200,000 IN OCEAN DRIVE TRAFFIC MITIGATION PLAN FUNDS, AS DEPOSITED IN CITY ESCROW ACCOUNT NUMBER 601.7000.229019, TO MATCH AN ADDITIONAL $200,000 IN FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS, THEREBY COMPLETING THE FUNDING PACKET FOR THE PROPOSED FISCAL YEAR 1999-2000 ELECTROW AVE OPERATING BUDGET; SUCH APPROPRIATION BEING CONSISTENT WITH THE OBJECTIVES OF BOTH THE OCEAN DRIVE TRAFFIC MITIGATION PLAN AND THE MUNICIPAL MOBILITY PLAN. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The Ocean Drive Traffic Mitigation Improvements Plan was recommended by the Administration and accepted by the City Commission at the September 23, 1998 meeting, for the implementation of physical and operational improvements to the corridor, from 5th to 15th Streets, to meet present and future level of service (LOS) requirements. Twelve Design Review Board (DRB)-approved development/redevelopment projects subscribed to the Mitigation Plan, and have 12 months from their respective DRB approval date to pull construction permits and pay their pro-rata fair share of the Plan, all within FY 1999-2000. The Plan's total cost is estimated at $500,000, of which over $200,000 has been collected to date and deposited by the City in a specific "escrow account." The Plan is to be implemented by the City. Components to the Plan include roadway striping, City monitoring, added Police enforcement, signalization of certain intersections of Ocean Drive and Collins Avenue, increased transit service by the Electrowave as well as transportation system management practices. Agenda Item R 1 K Date q - d. ~ - q 9 370 ANALYSIS The Electrowave Service is a component of the mitigation plan due to the fact that this successful local transit initiative does help reduce the number of vehicular trips within South Beach. It also provides a viable alternative mode of transportation to the single-occupancy vehicle for local residents, employees, conventioneers and tourists that frequent or visit the Ocean Drive area, particularly during the winter season, as indicated by daily ridership counts of record. The City has been recently informed that the Miami-Dade County Transportation Improvement Program (TIP) includes new traffic signals for Miami Beach, to be installed at locations as determined by the City. Installation of State-funded traffic signals at designated intersections with Ocean Drive will free a portion of the mitigation funds dedicated for this purpose in the Ocean Drive Traffic Mitigation Plan, and allows for the implementation of this proposal. As a companion item on this City Commission Agenda, the Administration will recommend for your consideration the proposed FY 1999-2000 Operating Budget for the Electrowave's Enhanced Route Service to South Beach, in the amount of $1.93 million. The funding packet for the budget will be completed ifthe City is able to produce a 50/50 match to an additional $200,000 contribution recently identified by the Florida Department of Transportation (FDOT), for Electrowave operating purposes. The $200,000 in mitigation funds would fulfill this match requirement. Since Transportation Concurrency Management Areas (TCMAs) depend on the availability of a convenient and reliable local transit service, the proposed utilization of mitigation funds is consistent with the objectives of both the mitigation plan for Ocean Drive and the Municipal Mobility Plan, as well as with the strategies and policies for the implementation of a TCMA for South Beach. Additionally, the Electrowave shuttle service comes within 600 feet of the Ocean Drive corridor, well within the standards for utilization of transit credits for mitigation purposes. A legal opinion regarding this matter is herein attached as Exhibit A. Development of Recurring Sources of Electrowave Funding: The City and the Miami Beach Transportation Association (MBTMA) are striving to create other local sources of funding, which are recurring in nature, to meet the operating needs of a 21 st Century Electrowave service. The Administration's goal is to eliminate the shuttle project's dependency on City Resort Tax funds and other one-time solutions, such as the use of mitigation funds. Potential local sources of recurring funds are being explored, among others, to impose a small surcharge or simply increase the parking fees, to create a transit benefit-assessment district (associated with the creation of TCMAs), and increased revenues from fare collection and on-board advertising. City Commission authorization is needed to access the mitigation funds deposited in a specific escrow account and to appropriate $200,000 of these funds for FY 1999-2000 Electrowave operating purposes. CONCLUSION Although developer mitigation funds are a one-time contribution, they will allow to access an equal amount of grant funding needed for the completion of the FY 1999-2000 Electrowave funding packet. The Administration recommends approval of the Resolution. ~ SR/MS/aj (odmitigf)aj 371