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
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as set forth herein. '
PASSED and ADOPTED this 10thti,iarvi 0,
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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