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2010-3688 OrdinanceI ORDINANCE NO: 2010-3688 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THEI CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THEI CITY OF MIAMI BEACH, BY AMENDING CHAPTER 106, 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 (L); ENTITLED, "EXCEPTIONS," BY AMENDING SUB SUBSECTION (1), ENTITLED "SPECIAL EVENT PARKING" BY REPLACING SPECIAL EVENT PARKING RATE PROVISIONS WITH FLAT PARKING RATE PROVISIONS; PROVIDING FORS CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, currently Chapter 106-55; Subsection (I), entitled "Exceptions" provides for specific criteria that must exist in order to initiate a Special Event Flat Rate at municipal parking facilities; and WHEREAS, the amendments to the Code included herein authorize the City Manager or his designee to initiate flat parking rates for residents and non-residents at municipal parking garages for the health, safety, and welfare of the community ;and , WHEREAS, the amendments set forth below are necessary to accomplish the above objective. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Chapter 106, "Traffic and Vehicles," Article II, "Metered Parking," "Generally," Section 106-55, "Parking Rate Fees, and Penalties," of the Code of Miami Beach, Florida, is hereby amended as follows: CHAPTER 106 TRAFFIC AND VEHICLES ARTICLE II. METERED PARKING aion 1, City of DIVISION I. GENERALLY Sec. 106-55. Parking rates, fees, and penalties. (I) Exceptions. (1) Flat Parking Rate. A flat aarking rate for non-residents and for residents of the city (photo identification required) may be established durina the city's annual budget sarety. ana weirare. i 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 madepart of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. ~ 2 - - ~ - • , i 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 14th day of July , 2010. ATTEST: C /J_ , MA 1 HERRE B WER .~tc/~._ MAYOR ROBERT PARCHER, CITY CLERK Underline denotes new language ~g# denotes deletions 06/09/2010 A~'~~+:dV~~ PAS FO~~ ~ l.A~1~u~a~~ ~ FAR :t3~'~~td ` . (~ ~, la Atnficsr~y ~ ; D~ . F:\atto\TURN\ORDINANC\ParkingRateAmendFlatRate2010 Version 2.docx 3 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending the Code of the City of Miami Beach, by amending Chapter 106, 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 Section (I) entitled "Exceptions"; Subsection (1) entitled "Special Event Parking"; 'providing I, for codification, repealer, severability, and effective date. ' -- e Intended Outcome Su orted: Increase parking availability. Supporting Data (Surveys, Environmental Scan, etc.): There had been an overall increase of 9.57% in total vehicle entries in City facilities between 2004 and 2007, thus maintainin the need for an increase in arkin s ace invento Shall the City Commission adopt the Ordinance amendments on Second Reading and Final;Public Hearing? tssue- item summa ircecommenaauon: On June 9, 2010, at the first reading of the proposed ordinance amendment, the Mayor and Commission approved the ordinance amendments on first reading and further amended the ordinance as follows, "A flat parking rate for non-residents and for residents of the city (photo identification required) may be established during the City's annual budget process, as recommended by the City Manager and approved by the City Commission, at certain attended municipal garages and surface lots which have been identified by the City Manager to be in the best interest of the community's health, safety, and welfare." The flat parking rates approved by the City Commission for the balance of Fiscal Year 2009/2010 (effective date of the ordinance through September 30, 2010) is $18.00 for non-residents and $6.00 for residents of Miami Beach (with photo identification). The City Code currently requires specific conditions to exist in order to initiate a Special Event Flat Rate at municipal parking facilities. The City Code requires, at least three conditions to be anticipated in order for the City Manager to exercise this option. From time to time, there are events in the City which' attract large crowds. These large crowds create nuisances such as noise, litter, illegal parking, etc. which adversely impact our residents' quality of life. Municipal parking facilities support a myriad of commercial, residential, and/or recreational activities. The Administration has identified four (4) parking facilities as facilities that the City Manager or his designee may initiate a flat parking rate as these are impacted by large crowds and their related nuisances. However, it is important to note that while these four (4) municipal parking facilities are currently experiencing these nuisances any other municipal parking facility may experience the same or related nuisances and are subject to the City Manager or his designee's application of the proposed flat parking rate.Therefore, the Administration recommends an amendment to the City Code authorizing the City Manager or his designee to initiate the use of flat parking rates for residents and non- residents at municipal parking facilities for the health, safety, and welfare of the community. These flat rates shall be $18.00 for non-residents and $6.00 for residents of Miami Beach (with photo identification). r~avisa ~soara rcecommenaation: a Finance and Citywide projects Committee -recommended approval. ~_-- Source of Amount Account Approved Funds: ~ OBPI Total Financial Im act Summa ru~anc~a~ inrvrmaiwn: Clerk's Office Le islative I Frances, Parking Department Department Director Assis ant City Manager City Manager SF JGG JMG WGENDA 0 UuIy14\Regular\ParkingRateAmend 2010 Budget 2ndRea ing sum.doc m Nt l AM I B EAC H A~Q'aEG~Oadt ITEM ~sc- a~ATE -~~ ~v ® MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: July 14, 2010 SECOND A ING ND FINAL PUBLIC HEARING SUBJECT: PARKING RATE ORDINANCE AMENDMENT AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 106, 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 (L); ENTITLED, "EXCEPTIONS," BY AMENDING SUB-SUBSECTION (1), ENTITLED "SPECIAL EVENT PARKING" BY REPLACING SPECIAL EVENT PARKING RATE PROVISIONS WITH FLAT PARKING RATE PROVISIONS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the Mayor and Commission approve the amendment of the ordinance on second reading and final public hearing. First Reading Actions by the City Commission• On June 9, 2010, at the first reading of the proposed ordinance amendment, the Mayor and Commission approved the ordinance amendments on first reading and further amended the ordinance as follows, "A flat parking rate for non-residents and for residents of the city (photo identification required) may be established during the City's annual budget process, as recommended by the City Manager and approved by the City Commission, at certain attended municipal garages and surface lots which have been identified by the City Manager to be in the best interest of the community's health, safety, and welfare." The flat parking rates approved by the City Commission for the balance of Fiscal Year 2009/2010 (effective date of the ordinance through September 30, 2010) is $18.00 for non-residents and $6.00 for residents of Miami Beach (with photo identification). ANALYSIS The City Code currently requires specific conditions to exist in order to initiate a Special Event Flat Rate at municipal parking facilities. The City Code requires, at least, three of the following conditions to be anticipated in order for the City Manager to exercise this option: a. A special event is defined as an event on public property sanctioned and permitted by the city's office of arts, culture, and entertainment and/or an event on private property deemed to anticipate the demand for city services set forth in subsections b. and d. below. b. A special event with an anticipated demand for parking that will saturate all parking within 1,500 feet of the event, as determined by the parking director. July 14, 2010 City Commission Memo Parking Rate Ordinance -Second and Final Public Hearing Page 2 of 2 c. A special event with an anticipated demand for parking that will require supplemental park and ride shuttle service, maps, brochures, and other informational materials and/or ancillary transportation/parking services. d. A special event with an anticipated demand for city services, including police, fire, and parking, that requires the declaration of a parking emergency by the mayor and commission through the passage of an enabling resolution. From time to time, there are events in the City which attract large crowds. These large crowds create nuisances such as noise, litter, illegal parking, etc. which adversely impact our residents' quality of life. Municipal parking facilities support a myriad of commercial, residential, and/or recreational activities. The Administration has identified the following four (4) parking facilities as facilities that the City Manager or his designee may initiate a flat parking rate as these are impacted by large crowds and their related nuisances: • Municipal Parking Lot P-1, located at South Pointe Drive and Washington Avenue (South Pointe Park) • Municipal Parking Lot P-2, located at South Pointe Drive and Ocean Drive (Nikki Beach) • Municipal Parking Lot P-49, located at 21st Street and Collins Avenue • Municipal Parking Lot P-71, located at 46~' Street and Collins Avenue It is important to note that while these four municipal parking facilities are currently experiencing these adverse impacts other municipal parking facilities may experience the same or related issues and are subject to the City Manager or his designee's application of the proposed flat parking rate. The Finance and Citywide Projects Committee discussed this issue at their May 20, 2010 meeting and directed the Administration to consider raising parking rates for non-residents. Therefore, the Administration recommends an amendment to the City Code authorizing the City Manager or his designee to initiate the use of flat parking rates for residents and non- residents at municipal parking facilities to address the adverse impacts associated with unattended parking facilities and to promote the health, safety, and welfare of the community. These flat rates shall be $18.00 for non-residents and $6.00 for residents of Miami Beach (with photo identification). There are a number of initiatives and operational enhancements underway by Police, Sanitation; Code Enforcement; and the Parking Department to address the parking, litter, and noise violations. A key initiative by which to address these violations is to establish the referenced flat parking rates for non-residents and residents. CONCLUSION In order to implement the necessary flat parking rate structure to discourage the nuisances and adverse impacts to the community, the Administration recommends that the Mayor and City Commission amend Chapter 106, 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 Section (I) entitled "Exceptions"; subsection (1) entitled "Special Event Parking"; providing for codiflcafon, r~ejpealer, severability, and an effective date. JMG/J /S~ T:IAGENDA~2010Wune 9~Regular~ParkingRateAmend 2010 Budget 1st Read mem.doc MIAMiBEACH C~`~'1~ ~F ~I~IW6 ~E~eH ~1~~'6CE ®~ P~J~L9C HEARING s NOTICE IS HEREBY given that second readinys and public hearings will Ge held by the Mayor and City Commission of the Gity of Miami Beach; Florida, in the Commission Cnami,erc. 3rd floor, City Hall. 1700 Convention Center Drive; Miami Beaci~, Florida, on Wednesday, July 14th, 2070, to consider the iollowiny: 10:15 a.m. Ordinance Repealing Article XI, Entitled "Dangerous Intersection Safety,' DI Chapter 106, Entitled "Traffic And Vehicles," Of 1'he Miami Beach City Code Inquiries may be directed to the City Manager's Office (305) 673-7010 10:20 a.m. Ordinance Amending Chapter 12, Article I Df The Code Of The Ciry Of Miami Beach Entitled "Film And Print Productions", By Amending Section 12-1(5), "Film And Print Regulations" Inquiries may be directed to Tourism and Cultural Development (305) 673- 7577 10:25'a.m. Drdinance Amending The Code Of The City Uf Miami Beach, By Amending Chapter 106, Entitled "Traffic And Vehicles," By Amending Article II, EntiOed "Metered Parking," By Amending Division 1, Entitled "6enerally," By Amending Section 106-55, Entitled, "Parking Rates, Fees, And Penalties"; By Amending Subsection (L); Entitled, "Exceptions," By Amending Suu- Subsection (1), Entitled "Special Event Parkine" By Replacing Special Event Parking Rate Provisions With Flat Parking Rate Provisions Inquiries may be directed to the Parking Department (305) 673- 7275 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 th. Cip~ Crerk. 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business houre in the City Clerk's Oftice, 1700 Convention Center Drive, 1st Floor, Ciry Hall, and Miami Beach, Florida 33139 or via the City's web site at www.miamibeachfl.gov.Tbis meeting may be continued and under such circumstances addltionat legal notice would not be provided. Robert E. Percher; City Cierk City of Miami Beach Pursuant to Section 286.0105, Fla. Stet., the City hereby advises the public that: if a person decides to appeal any decision made try the Clty Commission with respect to any matter considered at its meeting or fts hearing, such person must ensure That a verbatim record of the proceedings is made, which record indutles the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the irdroduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessihie tormat,.sign language interpreters, information on access far persons with disabilities, and/or any accommodation to review any document or participate in any city=sponsored proceeding, please contact(305) 604-2489 (voice), (305} 673-7218(TTY) five days in advance to initiate your request. TTY users may aiso,call 711 (Flodda Relay Seraice): Ad it607 ,... ..