2007-3586 OrdinanceORDINANCE NO. 2007-3586
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,
"TRAFFIC AND VEHICLES," ARTICLE II, "METERED PARKING,"
BY AMENDING SECTIONS 106-55, "PARKING RATES, FEES,
AND PENALTIES;" CREATING A NEW SUBSECTION (n)
THEREIN ENTITLED "HYBRID/ILEV (INHERENTLY LOW
EMISSIONS VEHICLES) VEHICLES INCENTIVES;" PROVIDING
FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Parking recognizes that Hybrid/ILEV
(Inherently Low Emissions Vehicles) vehicles conserve energy and are
environmentally friendly; and
WHEREAS, the State of Florida Department of Highway Safety also
recognizes these attributes and provides incentives for Hybrid/ILEV vehicles in the
form of allowing recognized and decaled Hybrids/ILEV vehicles to use High
Occupancy Vehicle (HOV) lanes for single passenger vehicles.
WHEREAS, the City wishes to establish further incentives for Hybrid/ILEV
vehicles use in the City; and
WHEREAS, the amendments set forth below are necessary to accomplish
all of the above objectives; and
WHEREAS, the hybrid parking incentives herein are experimental in
nature in order to determine their effectiveness; and
WHEREAS, an experimental period of one year is necessary in order to
make said determination; and
WHEREAS, the hybrid incentives contained herein will sunset one year
after the passage of this ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 106, "Traffic and Vehicles," Article II, "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, creating a new
subsection (n) therein as follows:
Sec. 106-55. Parking rates, fees, and penalties.
(n) Hybrid/ILEV (Inherently Low Emissions Vehicles) Vehicles Incentive:
Effective January 1, 2008, the City will establish aHybrid/ILEV
Program which will use the State ILEV list of qualifying vehicles for
participation in the Program. Incentives to be offered to qualified and
registered vehicle owners include:
a. Monthly parking permit holders for all facilities will be afforded a
twenty-five percent (25%) discount on the month) ry ate.
b. Residential permit holders in all designated zones shall receive a
twenty-five percent (25%) savings on either their annual or semi-
annual residential permit.
c. Five hundred (500 Citywide on-street parking decals, honored at
on-street metered spaces only, shall be available only to State
registered Hybrid/ILEV vehicles on a first-come, first served
basis. The cost of the Hybrid Citywide Decal is $365.00 per
d. One percent (1 %) of the parking spaces at the 42nd Street
Municipal Parking Garage may be designated as "Hybrid/ILEV
Vehicle Parking Only" for use by recognized Hybrid/ILEV
vehicles. Notwithstanding the preceding sentence, the City
Manager or his designee, who shall be the City's Parking
Director, reserves the right, in his reasonable business judgement
and discretion, to temporarily suspend the aforestated
"Hybrid/ILEV Vehicle Parking Only" during special events in order
to ensure maximum utilization of all parking spaces.
The provisions of the Hybrid/ILEV Program pursuant to this
subsection (n) shall automatically sunset within one (1) yearfrom
the effective date of said Program.
(Ord. No. 2000-3267, § 1, 9-27-00; Ord. No. 2001-3291, § 1, 1-31-01; Ord. No.
2001-3331, § 1, 10-17-01; Ord. No. 2003-3391, § 1, 2-5-03)
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 12th day of December , 2007.
A R Matti H. Bower
ATTEST:
~~
~ /~~
CITY CLERK Robert Parcher
Underscore denotes new language
12/21 /2007
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APPROVED AS TO
FORM 8~ LANGUAGE
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending Section Chapter 106, "Traffic and Vehicles" Article II, "Metered Parking" by amending
Sections 106-55, "Parking Rates, Fees, and Penalties; incentives for H brid/ILEV vehicles.
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.
Issue:
Whether to amend the parking rate ordinance to include incentives promoting the use of hybrid/ILEV vehicles.
item summaryircecommenaauon:
SECOND READING
At the request of Commissioner Steinberg, the Administration has reviewed and is recommending a program that
would provide parking incentives for owners of environmentally friendly vehicles. An amendment to the City's Parking
Rate Ordinance is necessary to initiate these incentives. The Administration recommends a program offering
incentives to ILEV (Inherently Low Emissions Vehicles) and hybrid vehicle users. The City's program will use a State
ILEV list to serve as a qualifier for participation in the program. Incentives to be offered to qualified and registered
vehicles owners include:
• Monthly parking permit holders for all facilities will be afforded atwenty-five percent (25%) discount on the
monthly rate, equating to a $210.00 annual savings.
• Residential permit holders in all designated zones shall receive atwenty-five percent (25%) savings on
either their annual or semi-annual residential permit, equating to a savings of $12.50 to $62.50,
contingent upon the zone.
• A limited number of citywide on-street parking decals (500) honored at on-street metered spaces only
would be available only to state registered ILEV vehicles. The cost of the Hybrid Citywide Decal is
$365.00 per year. This equates to $1.00 per day, a maximum daily period of 15 hours (9:00 A.M. to 12:00
Midnight). This equates to an hourly parking rate of $0.07 per hour, a 93% discount from the $1.00 per
hour rate.
• 42nd Street Municipal Parking Garage -One percent (1 %) of the parking spaces within the 42nd Street
parking facility shall be identified as "Hybrid Vehicle Parking Only° for use by recognized ILEV/hybrid
vehicles. These parking spaces will be located in the most convenient parking spaces in the facility with
only disabled parking spaces being in more convenient and accessible locations. The 42nd Street
Municipal Parking Garage has 620 spaces; therefore, one percent or six (6) parking spaces will be
designated as "Hybrid Vehicle Parking Only".
The following rate adjustments are recommended:
Municipal Permit/Access Card Discount Rate: 25%
All Residential Parking Permit Zones: 25%
Citywide Decal Annual (on-street meters only): $365
Administration Recommendation: Approve the Ordinance on second
Aavtso ~soara rcecommenaation:
The Transportation and Parking Committee (TPC) made the following motions:
• The Committee supports the residential decal incentive of 25% discount, 7 in favor/ 1 opposed
• The Committee does not support the incentives for monthly permit holder discounts, citywide on-street
parking decals, and 17th Street municipal parking garage spaces, 7 in favor/1 opposed.
The Mayors Ad-hoc Green Committee unanimously endorsed the hybrid incentive program.
Financial Information:
Source of
Funds:
OBPI ~ Total ~ ~
Financial Impact Summary: The financial impactis unknown due to the unknown numberofhybrid/ILEV
vehicles participating.
City Clerk's Office Le islative Trackin
Saul Frances, Parkin Director
Sign-Offs:
Departm t Director Assistan y Manager City Manager
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ao
AGENDA ITEM S
DATE l 2- I L-a7
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the Cit ommission
FROM: Jorge M. Gonzalez, City Manager
SECOND READING
DATE: December 12, 2007 PUBLIC HEARING
SUBJECT: PARKING RATE ORDINANCE AMENDMENTS -HYBRID/ILEV VEHICLE
INCENTIVES
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, "TRAFFIC AND VEHICLES" ARTICLE
II, "METERED PARKING" BY AMENDING SECTIONS 106-55, "PARKING
RATES, FEES, AND PENALTIES; CREATING HYBRID/ILEV VEHICLES
INCENTIVES, PROVIDING FOR 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 public hearing.
ANALYSIS
At the request of Commissioner Steinberg, the Administration has reviewed and is
recommending a program that would provide parking incentives for owners of
environmentally friendly vehicles. An amendment to the City's Parking Rate Ordinance is
necessary to initiate these incentives.
For eligibility in the incentive program, the City will use a list maintained by the Florida
Department of Highway Safety and Motor vehicles. The State maintains a list of vehicles
that qualify as Inherently Low Emission Vehicles (ILEV). The significance of the ILEV list is
that beyond hybrid vehicles, that the State recognizes other environmentally friendly vehicles
such as compressed natural gas powered. The State of Florida recognizes these vehicles
and issues them a registration and decal at a cost of $5.65 enabling them to utilize HOV
(high occupancy vehicle) lanes regardless of the number of passengers in the vehicle as an
incentive for ILEV/hybrid vehicle use.
The City's program will use the State ILEV list to serve as a qualifer for participation in the
program. Incentives to be offered to qualified and registered vehicles owners include:
• Monthly parking permit holders for all facilities will be afforded atwenty-five percent
(25%) discount on the monthly rate, equating to a $210.00 annual savings.
Residential permit holders in all designated zones shall receive atwenty-five
percent (25%) savings on either their annual or semi-annual residential permit,
equating to a savings of $12.50 to $62.50, contingent upon the zone.
A limited number of citywide on-street parking decals (500) honored at on-street
metered spaces would be available only to State registered ILEV vehicles. The
cost of the Hybrid Citywide Decal is $365.00 per year. This equates to $1.00 per
day, a maximum daily period of 15 hours (9:00 A.M. to 12:00 Midnight). This
equates to an hourly parking rate of $0.07 per hour, a 93% discount from the $1.00
per hour rate.
42~d Street Municipal Parking Garage -One percent (1 %) of the parking spaces
within the 42~d Street parking facility shall be identified as "Hybrid Vehicle Parking
Only" for use by recognized ILEV/hybrid vehicles. These parking spaces will be
located in the most convenient parking spaces in the facility with only disabled
parking spaces being in more convenient and accessible locations. The 42nd
Street Municipal Parking Garage has 620 spaces; therefore, one percent or seven
(7) parking spaces will be designated as "Hybrid Vehicle Parking Only".* Also,
Hybrid Vehicle Parking Only may also be expanded to additional parking garages.
Note: *ILEV/Hybrid vehicle spaces will be progressively enforced to ensure
compliance; however, during major events, the ILEV/Hybrid Vehicle
Program may be temporarily discontinued for those specific event
dates in order to ensure maximum utilization of all parking spaces.
At the time of a permit purchase, the Parking Department will qualify a vehicle from the State
ILEV list and apply the appropriate program incentive or permit discount. By dealing with
incentives in this fashion, the City will not need to issue a variety of decals for the various
permits and enforcement will be simplified. If a permit holder has a State decal it will be
recognized at the reserved parking spaces. If a permit holder qualifies and does not have a
State ILEV decal, the City will also issue a decal to indicate a qualifying vehicle.
The following rate adjustments are recommended:
Hybrid/ILEV Incentives:
Municipal Permit/Access Card Discount Rate: 25%
All Residential Parking Permit Zones: 25%
Citywide Decal (on-street meters only): $365
BOARD/COMMITTEE RECOMMENDATION:
The Transportation and Parking Committee made the following motions:
The Committee supports the residential decal incentive of 25% discount.
7 in favor
1 opposed
The Committee does not support incentives for monthly permit holder discounts,
citywide on-street parking decals, and 17th Street municipal parking garage
spaces
7 in favor
1 opposed
The Mayor's Ad-hoc Green Committee reviewed the program and voted unanimously to
endorse the hybrid incentives.
CONCLUSION
In conclusion, the Administration recommends that the Mayor and City Commission amend
Chapter 106, "Traffic and Vehicles" Article II, "Metered Parking" by amending Sections 106-
55, "Parking Rates, Fees, and Penalties; creating incentives for Hybrid/ILEV vehicles. The
Administration will monitor the program over the next six months in order to determine the
program i~act and effectiveness.
JM~/SF
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CITY OF MIAMI BEACH
~' NOTICE OF PUBLIC HEARING
u,
~,
NOTICE IS HEREBY given that a second reading and public hearings will be held by the Mayor and City Gommission of the Git o
Miami Beach, Florida, in the Commission Chambers, 3rd floor, Cdy Hall, 1700 Convention Center Drive, Miami Beach, Florida, on
Wednesday, December 12, 2007, to consider the following:
10:20 a.m.
An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Florida, Entitled "Administration," By Amending
-- Article III Thereof, Entitled "Agencies, Boards And Committees," By Amending Division 6 Thereof, Entitled "Cultural Arts Council,"
= By Amending Section 2-58; And Creating New Sections 2-58(A) And 2-58(B); Said Amendments Related To Assigning The Powers
~ And Duties Of The Community Beneftt Fund To The Miami Beach Cultural Arts Council.
Inquiries may be directed to the Tourism and Guttural Development at (305) 673-7577.
u' 10:20 a.m.
= An Ordinance Amending Chapter 2 of the Code of the City Of Miami Beach, Florida, Entitled "Administration," By Amending Article
a III Thereof, Entitled "Agencies, Boards And Committees," By Amending Division 5 Thereof, Entitled "Convention Center Advisory
f Board," By Amending Sections 2-46(B) And 2-46(C)(1) And 2-46(C)(9) And 2-46(x; Said Amendments Related To Removing The
_ Jackie Gleason Theater Of Performing Arts. (Now The "The Filmore Miami Beach At The Jackie Gleason Theater") From The Powers
~. And Duties Of The Board And, Further, Removing The Powers And Duties Of The Community Benefit Fund From The Powers And
-- Duties Of The Convention Center Advisory Board.
N
', Inquiries may be directed to the Tourism and Cultural Development at (305) 673-7577.
L '
d 10:30 a.m.
z An Ordinance Amending Chapter 82 Of The Miami Beach City Code, Entitled "Public Property," By Amending Article I, Entitled "In
E General,"By Amending Section 82-4 - 82-5, Entitled "Reserved," By Amending Section 82-4 To Prohibit Foods Containing Artificial
° ', Trans Fat In Vending Machines On City Property And In Concession FacilRies Subject To Concession Or Management Agreements
~ With The City.
quiries may be directed to the Legal Department at (305) 673-7470.
E:
`O 10:31 a.m.
L An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, "Traffic And Vehicles" Article II,
"Metered Parking" By Amending Sections 106-55, "Parking Rates, Fees, And Penalties; Creating A New Subsection (N) Therein
~ Entitled "Hybrid/ILEV (Inherently Low Emissions Vehicles) Vehicles Incentives.
Inquiries may be directed to the Parking Department at (305) 673-7275.
10:35 a.m.
An Ordinance Amending Sections 18-901-18-910, Entitled Street Performers And Art Vendors; Authorizing Street Pertormers And
Artist Vendors To Use Portable Tables On Ocean Drive Following Receipt Of A Permit Subject To Certain Conditions And Permit
Fees; Prohibiting Spray Painting And Airbrushing; Providing Definitions, Setting Forth Terms, Conditions And Regulations For
Permits Issued To Street Vendors Pertormers And Artist Vendors; Providing For Enforcement, Suspension Or Revocation.
Inquiries may be directed to the Neighborhood Services Department at (305) 673-7077.
10:40 a.m.
An Ordinance Deleting The Language In Sections 82-366 Through 82-388 (The City's Sidewalk Cafe Ordinance) In tts Entirety, And ,
Replacing tt With New Language In Said Sections 82-366 Through 82-385, Adopting And Incorporating The City's New Sidewalk `
Cafe Ordinance.
Inquiries may be directed to the Public Works Department at (305) 673-7080.
11:00 a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Ot Miami Beach, By Amending Chapter 142,
"Zoning Districts And Regulations," Article II, "District Regulations," By Amending Division 3, "Residential Mult'rfamily Districts."
By Amending Subdivision V, "RM-3 Residential Multrfamily High Intensity," To Moddy The Maximum Building Height Requirements
For Oceanfront Properties Located In Historic Districts.
Inquiries may be directed to the Planning Department at (305) 673-7550.
11:00 a.m.
' An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142,
"Zoning Districts And Regulations," Article II, "District Regulations," By Amending Division 3, "Residential Muft'rfamily Districts,"
By Amending Subdivision V, "RM-3 Residential Mutt'rfamily High Intenstty," To Mod'rfy The Maximum Building Height Requirements
For Properties Located In The Archftectural District.
Inquiries may be directed to the Planning Department at (305) 673-7550.
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, 1st Floor, City Hall, Miami Beach, Florida
33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office,
1700 Convention Center Drive, 1st Floor, City Hall, and' Miami Beach, Florida 33139. This meeting may be continued and under
such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: rf a person decides to appeal any decision 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 constftute consent by the City for the introduction 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 accessible format, sign language interpreters, information on access for parsons wfth 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 also call 711 (Florida Relay Service).
Ad #463
m MIAMI BEACH