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11-28-22 Draft Agenda City of Atlantic Beach Draft Agenda Regular City Commission Meeting Monday, November 28, 2022 - 6:30 p.m. Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE TO THE FLAG CALL TO ORDER Page(s) 1. APPROVAL OF MINUTES 1.A. Approve minutes of the Mayor's Council on Health and Well-Being held on October 12, 2022 and November 2, 2022. 10-12-22 MCHWB Minutes 11-02-22 MCHWB Minutes 5 - 32 2. COURTESY OF FLOOR TO VISITORS PUBLIC COMMENT 3. CITY MANAGER REPORTS 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS 6. CONSENT AGENDA 7. COMMITTEE REPORTS 8. ACTION ON RESOLUTIONS 9. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 57-22-24, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, REPEALING AND REPLACING SECTION 13-2 LOITERING IN, OBSTRUCTING, ETC. STREETS, PUBLIC PLACES, ETC.; PROVIDING FOR A NEW TITLE; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Ordinance No. 57-22-24 33 - 39 Page 1 of 64 Regular City Commission - 28 Nov 2022 9.B. ORDINANCE NO. 20-22-166, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022, AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 20-22-166 41 - 46 9.C. ORDINANCE NO. 75-22-28, Public Hearing and Final Reading AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES, TRAFFIC AND MOTOR VEHICLES, ARTICLE II, – STOPPING, STANDING AND PARKING ON PUBLIC PROPERTY AND ARTICLE III, WRECKER SERVICE; PROVIDING FOR CODIFICATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance No. 75-22-28 47 - 60 10. MISCELLANEOUS BUSINESS 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER RECESS OF RETIRING COMMISSION (PENDING CERTIFICATION OF ELECTION RESULTS) OATHS OF OFFICE FOR NEW COMMISSION (PENDING CERTIFICATION OF ELECTION RESULTS) A. Commissioner - Seat 4 B. Commissioner - Seat 5 C. Mayor - Seat 1 CALL TO ORDER OF NEW COMMISSION (PENDING CERTIFICATION OF ELECTION RESULTS) 13. COURTESY OF FLOOR TO VISITORS 14. ACTION ON RESOLUTIONS 15. MISCELLANEOUS ITEMS FOR ACTION 15.A. 90-Day Calendar (Dec. 2022 - Feb. 2023) 90-Day Calendar (Dec. 2022-Feb. 2023) 61 - 64 16. ANNOUNCEMENTS/COMMENTS 17. ADJOURNMENT Page 2 of 64 Regular City Commission - 28 Nov 2022 This meeting will be live-streamed and videotaped. The video recording will be posted within four business days on the City's website. To access live or recorded videos, click on the Meeting Videos tab on the city's home page at www.coab.us. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chamber. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk’s Office by 5:00 PM, the Thursday prior to the meeting. Page 3 of 64 Page 4 of 64 .|LI;c_s-.~'nt_= Absent: Also Present: 1. U JVIIN UTES lVlayor's Council on Plealtll and V\/ell-Being I\/leeting VVcdnesday.,October 12,2022 —12:00 PIVI Comlnission Chaxnher Steve Piscitelli.Vice Chair Joyce Frecnlan,|\/Icxnbcx Jinn Bclich.lVlcn1bcr Jessica Ring.Chair Lisa Herrold,|\/lelnher Tracy Ivlarku.lvlcunbcr .|oAnn Wallace,l\/lelnber Ellen Ciuluinbek.I\/Icnxbcr Kyle Brady,l\/Ielnber Nlichacl Lzrnicr,l\/lmnber XVIichael Haste,l\/lelnber Abrielle Genesl,Planner CALL TO ORDER Jessica Ring called the rneeling to order at I !:59 a.nL ROLL CALL Members went around the room In can roll. APPROVAL or NIINUTES A.Appl‘ove min (es of the Septeniber 14,2022 IVlayor's Council on andwell- Being nlectiug. Jessica Ring asked iflherc were any changes to the Ininules.There v v c r e nocorrections to the mimnes. MOTION:to approve me September I4.2022 Ininutcs. Alolian Elle}:Galaulbek Sccanll:Jiln Belicln Steve Piscirelli For Joyce Fr‘:-clonal:For Jinn Bclich (Sccrnlrled By)For Jessica Ring For Lisa flerrolll Far- l\‘la_vur's coum-n an H.-mu. mmw.-Belng ocumc.»12.2022 Page1of25 Agenda Item #1.A.28 Nov 2022Page 5 of 64 17-us-_r illarkv l~‘or .niAmt Wu]/at-e Fm- Eueu Gololllbclr (Mort-rr qr)Fm- Kyle B:-urly Fm- Miclmet Lrtnier For lllnlion julssed III (0 I). 4.COURTESY or THE FLOOR (5 NIINS.) There were no speakers. 5.NEW BUSINESS A.Race and Equity:Baptisvs omce ol'Cornninnlt_v Engagement Rachel Berry and Glenwnod ClI2I1‘leS.Jr.with Baptist Medical Cel1le|'guve Hpresentatio n(which is altached hereto and rnade pan of this official record as Att ach nle nl A)about local health data generated froln the community Health Needs Assesslnen t (CI-INA)and the priorities established based on the survey results.Members asked ques tions about local gaps and made recornlnendalions. Bapxisl—Mayor's Council on Heznllll and \\/ell-Being PI'$enlaKion -Al lac lln ien l A 6.OLD BUSINESS A.Review of Reculnnielldations Steve Piscitelli went over rccuxruncndatiuns added to the I\/larch and A ug ust meetings and reviewed reconunendalions rnade al the September meeting.provided their input and edits. Steve Piscilelli briefly reviewed the Ongoing List oFDral'I Recolnrnclidalio ns. Heasked members to send in comments prior to the November meeting lo silnplify the?nalreview process.Ptbrielle Genest stated She will send the updated doculnent tolnelnber s and asked For comments to be sent back to her by October 19th. 7.ADJOURNMEN There being no Further discussion,Jessica Ring declared the rneeting adjourned atl:l6p.m. Attest: Abrielle Genest Jessica Ring,Chair lVIaIylIr'§Cnuncil onHcaltli nndvvell-Being oi-tnlser12.2:322 Page2of25 Agenda Item #1.A.28 Nov 2022Page 6 of 64 5.wan Agenda Item #1.A.28 Nov 2022Page 7 of 64 SZ.l°7333:! Jacksonville Nonprofit Hospital Partnership 0 The 2022 CHNA for the Jacksonville Nonprofit Hospital Partnership is a collaborative approach to assessing the health status and needs across a community. -The Partnership consists of 5 health systems and 13 hospital campuses serving Northeast Florida. -For the 2022 CHNA process,the JNHP sought to better understand health disparities based on racial and ethnic inequities facing the region and residents. -The Partnership also focused on social,economic,and environmental factors —also known as the Social Determinants of Health. BAPTISTLMaasnlcmu Bmnhm Changing Health Care for Good,’Agenda Item #1.A.28 Nov 2022Page 8 of 64 3Z1“9 933:! BMCB Service Area 146 21,526 4,803 Total Observa?on Surgeries,both Licensed Beds Admissions lnpa?ent 8.Outpatient 26,778 5,252 986 ED Visits ED Patients Admitted Births as lnpatiens Agenda Item #1.A.28 Nov 2022Page 9 of 64 sz10 9 9304 Respondent Demographics Respondent Race 111 35% Respondent Age WI. 20% 10% 18-E . V W V ‘i 77 i W7 7*W e h~~i~~i~~l—— 40-49 50-5!80-. Insurance Policy Type 2-46% 2.61‘/.I mspanae 0-0°‘/-I 30.13%5,"f,'f,“,__,.,,,, 5°-3°‘/-I ‘(r|'4ho'Ir:Hlspanle) 7-"'4 I A."Y..'.7.'.$‘°"° 17°./I I Two erlhn Medicaid lhdearn Milluryl Private Uninsured Races VAI1'rlcau 30-39 Agenda Item #1.A.28 Nov 2022Page 10 of 64 SZ1°L3794 1 2 ‘clinics,food,cast.denta\.etc. .Childponarion?wslng Health Changin Health C for Good.‘Agenda Item #1.A.28 Nov 2022Page 11 of 64 SH’)8 959:! 2022-2024 CHNA Priorities 1.Access to Care 2.Behavioral Health 3.Maternal and Child Health 4.Social Determinants of Health l'R‘mVrmLla‘E?§°""‘“' Changing Health Care for Good?Agenda Item #1.A.28 Nov 2022Page 12 of 64 sun 5 ma Access to Care “Which of the following conditions has made it dif?cult for you to obtain medical services?" Lackof ADA compliant services and accommodations I 3 Lack of or limited transportation I 7 Discrimination I 20 Lackof providers Z 25 No Insurance Z 29 Other(p|ease specify)Z 30 Fear of going to the doctor j 39 Long wait times m 68 Cost of care [copays,prescriptions)T 160 I've experienced no difficulty obtaining medical services.292 'R_Changing 3“.1'5‘Health CareLM“amh=s"°'c‘“'”for Good,‘Agenda Item #1.A.28 Nov 2022Page 13 of 64 SZJ"0|333d Additional Data Points -Age-adjusted rates for several chronic diseases in Duval: -Heart Failure hospitalizations Black 2X White -Diabetes hospitalizations Black 2X White -Community-wide concern cited regarding the lack of affordable and safe housing,as well as difficulty with public transportation -The age—adjusted rate for breast cancer deaths is almost 2X higher for Black females than White females. 'The age-adjusted rate for prostate cancer deaths is over ZXhigher for Black males than White males. -The age-adjusted rate for prostate cancer deaths is almost 4X higher for non-Hispanic males than Hispanic males. lR_Changing 351’."51 Health CareL'$‘;‘i:".‘u‘°““Ifor Good.’Agenda Item #1.A.28 Nov 2022Page 14 of 64 sz.10[I ma Age-Adjusted Hospitalizations for Mental T_Disorder7s_,_Z3-YearRolligg T Duvalcounty mm 1250 Izoo 51150 SE.on E —wniuegum_a:ux E;1nno :50 90:2 550 zoos-11 zom-12 ZDH-13 zmm zams zmus zmsn zmsus 2m7-is C ging BAPTIST H h E'_Mcdim|Cmber i .Eartha.forGo 4 Agenda Item #1.A.28 Nov 2022Page 15 of 64 5Z}°Z1359:1 Age-Adjusted Suicide Deaths by Race,3-Year T “Rolling Duval County 20.0 _$Z/* Ponulilbon §_—wnu. 3 _—svau< gm §x a.n 4.u 2-mu zoum 2011-13 2012-14 zums mus zmsn zmma "R_2o17-19Changing BAVTISTLM>dic:lC4:1|n:-1 Health ,e Budms for Goo .Agenda Item #1.A.28 Nov 2022Page 16 of 64 sun :1 ma ,1 Age-Adjusted Drug Poisoning Deaths,3-Year Rolling Duvalcounty an 50 544:3 §'gm,Willa §——Bl:ck 2 £20 ‘0 o mm-11 2o1n-12 mm 2012.14 201.1-15 zmus 2015-17 zuma "R_zon.uChanging BAFHST ‘Health eM4-dual’cm .Landau'“forGo ,Agenda Item #1.A.28 Nov 2022Page 17 of 64 SZJOVI °5“d Maternal and Child Health -The neonatal mortality rate per 1,000 live births is almost three-times higher among Black babies than White babies in Duval. -The infant mortality rate per 1,000 live births is over two-times higher among Black babies than White babies in Duval. -The child mortality rate in Duval (38.3 per 100,000 population aged 5- 19)is the highest in northeast Florida and well over the state rate. -The rate of children in foster care in Duval is 235,higher than the state rate of 220.4. Changing Health Care1r\‘BAI3'nsrL&'m ‘for Good.‘Agenda Item #1.A.28 Nov 2022Page 18 of 64 SZJ“SI 959:1 "What is the top economic issue that affects health in your community?” Lack of transportation Lack of educational opportunities Lackof employment opponunities Other (please specify) Lack of affordable and healthy food options Lack of affordable housing Lack of affordable healthcare/insurance Lack of a living wage ‘I4 —25 —33 —54 1 8 103 121 _Changing L u ‘Health CareBndmforGood.Agenda Item #1.A.28 Nov 2022Page 19 of 64 §ZJ°9l 399:1 Access to Care Goal Snmegies Potential _Partner Organizations Increase access to health Continue participation in the -Number of people served -BEAM services for un-and under-Beaches Health and Wellness -Evaluate health and wellness -Community Health Outreach insured people in the BMCB initiative of participants in diabetes,-Mission House service area hypertension and mental -MuslimAmerican Social health Services -Sulzbacher Center -Volunteers in Medicine WeCareJax Support Duvalfree medical -Number of people served -Agape Health clinics and Federally Quali?ed -Diabetes,hypertension and -CHO Health Centers in collaborative mental health outcomes -MASS efforts to increase access to care -Mission House -Sulzbacher Center -VIM -WeCareJax Agenda Item #1.A.28 Nov 2022Page 20 of 64 SZ5°LI 359:1 Access to Care Ensure Beaches seniors have access to care Increase knowledge of chronic diseases and where to access services Strategies Continue partnership with Beaches Council on Aging to provide transportation to seniors Ensure seniors have information about Medicare Provide community partners with education on chronic diseases 0 Number of trips provided Number of ?u shots given Number of seniors receiving information/sessions Educational opportunities provided Number of people educated Potential Partnering Organizat ns Beaches Council on Aging Walgreens/Faith Based Partners &Assisted Living Beaches Council on Aging Eldersource Faith Partners Healthy Living Centers Mission House Agenda Item #1.A.28 Nov 2022Page 21 of 64 SZJ°8l 33% Behavioral Health Goal Ahealthy community with easy and timely accessto high quality services when needed: -2A-hoursupport and timely appointments (2 weeks - counseling,4 weeks -psychiatry).More providers delivering the most advanced care 0 Strong are continuum (enough of the right type of care) 3 Seamless transitions along the care continuum Mental illness decriminalized Stigma eliminated and crises prevented -Community advocating improvement o Non-medical needs addressed (social determinants of health) Strateg es Continue offering Mental Health First Aid,a proven best practice to reduce stigma of mental illness which increases the likelihoodthat people willaccesscare Convene a leadership task force of providers,elected leaders and people with lived experience to prioritixe identi?ed opportunities and develop a plan for action Host community-wide conferences on mental health to reduce stigma and barriers to care Metr 5 1,500 people trained by 2024 Evaluate participant satishction Crisis calls(schools,EMT,police) Evaluate the impact of each initiative according to its focus Increased access to services Number of participants at conference Satisfaction surveys Poten al Partne Organizations Baptist Health Faith Partners Florida's First Coast YMCA National Council for Behavioral Health Starting Point The Partnership for Child Health Community organizations addressing stigma and/or providing behavioral health services Educational instit tions:k-12 schools,universities,preschools Elected officials Health systems Insurance companies People with lived experience Community mental health providers Faithorganizations Universities Agenda Item #1.A.28 Nov 2022Page 22 of 64 911°6]353:1 Behavioral Health Decrease isolation of seniors Friendly callers —seniors developing phone friendships with seniors Provide home visits to seniors Engagement in community center activities Number of community members and volunteers Number of phone calls Quality of phone calls (reported by volunteers) Total time invested in calls Number of home visits provided Number of events held at community centers Number of participants at events Agewell and Baptist Primary Care Baptist Health Auxiliary BEAM Beaches Community Kitchen BEAM Heart Felt Ministries Meals on Wings Beaches Councilon Aging City of Jacksonville Senior Sen/ices Agenda Item #1.A.28 Nov 2022Page 23 of 64 szin ozam Maternal &Child Health .Potential PartneringStrategies..Organizations Zero preventable deaths.Zero Partner with the Northeast health disparities Florida Healthy Start Coalition to address needs of moms and babies including program and policy solutions Expand WELLcon-ieHome initiative to Baptist Beaches Offer Ready,Set,Sleep class focused on increasing awareness of safe sleep practices and CPRto expectants mothers Infant mortality V Pre-term births Low Birth-weight babies Number of moms connected through phone and/orin-home support Measure pre and post-test knowledge gains Number of participants at classes UF Health Jacksonville Florida Blue Northeast Florida Healthy Start Coalition Home visiting programs Northeast Florida Healthy Start Coalition Florida Department of Heakh Northeast Florida Healthy Start Coalition Agenda Item #1.A.28 Nov 2022Page 24 of 64 5219 [Z 53%] Maternal &Child Health S‘rznegi es Zero preventable deaths.Zero Provide education about health disparities chronic diseases for preconception Increase risk screening rates and refer for assistance addressing social determinants of health (SDoH) Provide education on health equity,toxic stress and implicit bias for providers (L&Dand all providers) Educational opportunities provided Number of people educated Number of patients provided with referrals and/ormaterial addressing SDOH Educational opportunities provided Number of people educated Potential Partnering Organ:tlons Mission House Sulzbacher Mission House Northeast Florida Healthy Start Coalition Sulzbacher BEAM Northeast Florida Healthy Start Coalition Agenda Item #1.A.28 Nov 2022Page 25 of 64 sun zz?ed Maternal &Child Health Snategies Support parents with perinatal mood disorders Provide a continuum of care -Number of participants including psychology and psychiatry support on an inpatient and outpatient basis Provide education on perinatal -Number of people trained mood disorder (PMD)to clinicians Provide support groups to new - mothers experiencing PMAD Number of participants in support groups o Poten I Partnering Organizations Private OBGYNPractices Postpartum Support International Florida's First Coast YMCA Postpartum Support International Agenda Item #1.A.28 Nov 2022Page 26 of 64 mo zz?nd Maternal &Child Health 7 7 —4 424 ,— A -,, Strategies Allchildren can see Provide access to screenings,-Number of screenings, exams and glasses for children exams and glasses provided in need -Percentage of students who failed a vision screening,then received an eye exam and percentage of students who received prescription glasses -Number and percent of students who fail vision screenings multiple years. °Qualitative information about the impact of vision clinics in classroom behavior and con?dence in school Potent Partner Organizations Departments of Health in NEFL School districts in NEFL Vision is Priceless Agenda Item #1.A.28 Nov 2022Page 27 of 64 SZ19VZ‘aid Social Determinants of Health S‘rategie5 Address social needs that Increase employment /career -Number of people hired in prevent people from achieving development targeting low-life low life expectancy zip codes optimal health expectancy zip codes Increase access to healthy food Number of people sewed Ensure seniors have access to in-- home and other supports for health and wellbeing including food Number of seniors provided services Number of meals served Implement FindHelp (Aunt -Number of organizations Bertha)referral system for receiving referrals through patients and community Find Help members Potential Partner Organizations BEAM FSCJ Goodwill Mission House Worksource Beaches Community Kitchen BEAM Mission House UNF Meals on Wings Beaches Council on Aging (Dial-A-Ride) Faith Partners UNF Meals on Wings Community-based organizations addressing social needs Agenda Item #1.A.28 Nov 2022Page 28 of 64 513°SI “'4 Cha??ing Health Care for Good.‘Agenda Item #1.A.28 Nov 2022Page 29 of 64 Page 30 of 64 l\/llNU'l‘ES lVlayor's Council on Health and VVelI-Being 1\/leeting VVcdncsday,Novcnlber 2,2022 —12:00 AN] Colrunission Chalnber Prcsenlz Stcvc pisenelm Vice Chair Joyce Freeman.Member.‘m Bench.Nlcxnbcr Jessica Ring.Cllair Tracy lvlarko.Nleunber JoAnn wanaee.1\/Icxnbcx‘ Kyle Brady,lvlelnber lvlichacl Lanicr.Member Lisa llerrold,l\/lelnber Ellen Ciololnbck.I\/Icnlbcr Nlichael Hoslo,Nlcniber Also Present:Ellen Glasser,Nlayor Abriclle Cienest.Planner 1.CALL TO ORDER Jessica Ring called Ihe xnceting to order at 12:05 pan. 2.ROLL CALL. ]\/[embers went around the roorn to call roll. APPROVAL OF 1\1INUTES A.Approve mi mes or the oember I2,2022 |Vlayor's Council on andwen- Being rneeting. bl Jessica Ring asked if there were any changes to the rninutes.Steve Pisci lelli hada revision for Itch)5.A.to revise "Baptist"to "Baptist B/lcdical Center"loprovideInorc clari?cation. IIIOTIO/V:to approve the October 12,2022 nwinutes as arnentled. 1nmim..-l|1iclvaelLrnu'cr Srrcolttl:T1'(Ic_|v Illnrkn Steve Pi ‘citelli For .Io_|u:-e F1'ceIr1nII For .liul Belich F or Jessica Ring For l\I:ayur'.x Couuei onHm-nlu unllVVcIl»Bcing Nu\'-_-rnI.n-r2.21122 PageIof3 Agenda Item #1.A.28 Nov 2022Page 31 of 64 Kyle Brady For /lliclmel Lnnier For Motion passed 8 to 0. 6.OLD BUSINESS None. 7.ADJOURNMENT There being no fui?ier discussion,Jessica Ring declared the meeting adjourned at 1:44 p.m. Attest: Abrielle Genest Jessica Ring,Chair Mayor's Council on Health and Well-BeingNovember2,2022Page3of3 Agenda Item #1.A.28 Nov 2022Page 32 of 64 AGENDA ITEIVI: SUBIVIITTED BY : TODAY’S DATE : NIEETING DATE: BACKGROUND: RECOl\'Il\’IEN ATION: ATTACHMENTS : C ITY NIANAGER: CITY OF ATLANTIC BEACH CITY COl\/[l\’lISSION MEETING STAFF REPORT Ordinance No.57-22-24 repealing and replacing Section 13-2 Loitering in,obsuucling,etc.streets,public places etc. Victor Gualillo,Chief of Police November 17,2022 November 28,2022 The existing version of COAB rnunicipal ordinance 13- 2 Loit erin gin,obstructing etc.,streets,public places etcr,does not current legal standards established by case law.This or di na nc e needs to be amended to address the situation of homeless individuals residing in and around public areas.People these areas as living spaces can raise concern about public saf ety related to such issues as unsanitary conditions and unfettered a c c e s s forall citizens who need to share these public spaces. The proposed new language was drafted by City Attorney Du1' den,was reviewed by City Manager Corbin and Chief ofPolice Gualillo.It is consistent with current case law and repres ents a best practices approach to protect all citizens in our city w hi le recognizing the need to respect the constructional right peop le to travel freely.The new ordinance recognizes the need to h a v e access to support services before those who are in violatio n ofthis ordinance are charged with trespassing and respects the n e e d to keep their personal effects secure. AppI‘ove Ordinance No.57-2224 on ?nal reading 1.Ordinance No.57-22-24 2.Copy of current section 13-2 requested to be repealed.Agenda Item #9.A.28 Nov 2022Page 33 of 64 ORDINANCE NO.57-22-24 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,STATE OF FLORIDA,REPEALING AND REPLACING SECTION 13-2 LOITERING IN, OBSTRUCTING,ETC.STREETS,PUBLIC PLACES,ETC.; PROVIDING FOR A NEW TITLE;PROVIDING FOR CONFLICT;PROVIDING FOR CODIFICATION; PROVIDING FOR APPLICABILITY;PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Commission desires to update its Code of Ordinances with respect to sleeping or camping and obstructing access to public property to be more consistent with recent case law;and WHEREAS,the City Commission recognizes the right of persons to be free from criminal prosecutionfor conduct that is considered involuntary and prosecution for the same is considered cruel and unusual punishment under the Eighth Amendment of the United States Constitution;and WHEREAS,the United States Eleventh Circuit Court of Appeals held in Joe!v.City of Orlando,232 F.3d 1353 (11th Cir.2000)that sleeping out-of-doors is not a fundamental right; and WHEREAS,the City Commission wishes to lawfully prevent sleeping or camping in certain public areas to promote sanitation,public health,and safety,which the court held in Joel v.City ofOrlando,232 F.3d 1353 (11th Cir.2000)is a legitimate government purpose;and WHEREAS,the City Commission recognizes that the prohibition of sleeping/camping in certain public places is necessary to preserve the health,welfare,and safety of the City’s residents and visitors;and WHEREAS,the City Commission fuither recognizes that the blockage of ingress and egress into and from public areas,as well as the impedance of pedestrian Walkways and other public right-of-ways caused by sleeping or camping in certain areas of the City involves the compelling government interest of the City in protecting the health,safety,and welfare of its citizenry and visitors in preserving police and fire department access to such right-of-ways in order to save lives;and WHEREAS,necessary to promotesafetyandpublicwelfare.NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ONBEHALFOFTHEPEOPLEOFTHECITYOFATLANTICBEACH,FLORIDA:01851237-1 Agenda Item #9.A.28 Nov 2022Page 34 of 64 SECTION 1.Repeal and Replace.Sec.13-2.Loitering in,obstructing,etc.,streets,public places,etc.,is hereby repealed in its entirety and renamed and replaced as shown in Exhibit A, camping and obstructing public streets,publicplaces prohibited.,attached hereto and incorporated herein by reference.New Section 13-2 as shown in Exhibit A,is hereby adopted as fully revised Section 13-2 to the City’s Code of Ordinances. SECTION 2.Conflict.All ordinances,resolutions,of?cial determinations,or parts thereof previously adopted or entered by the City or any of its of?cials and in con?ict with this Ordinance are repealed to the extent inconsistent herewith. SECTION 3.Codi?cation and Scrivener’s Errors.The publisherof the City of Atlantic Beach’s Code of Ordinances,the Municipal Code Corporation,is hereby directed to incorporateExhibit A attached hereto into the City’s Code of Ordinances.Sections of Chapter 13 may be renumbered or re-lettered and scrivener’s errors,formatting and typographical errors and other minor, inadvertent graphical errors in Chapter 13 which do not affect the intent may be authorized by the City Manager and City Attorney without the need of public hearing,by ?ling a corrected or re- codi?ed copy of same with the City Clerk. SECTION 4.Applicability.The provisions of Section 13-2,camping and obstructing public streets,public places prohibited.,set forth in Exhibit A hereto,shall apply to all applications, decisions or controversies pending before the City of Atlantic Beach upon the effective date hereof or ?led or initiated thereafter. SECTION 5.Severability.If any section,sentence,clause,or other provision of this Ordinance, or any provision of Exhibit A attached hereto,Section 13-2,camping and obstructing public streets,public places prohibited.,shall be held to be invalid or unconstitutional by a court of competent jurisdiction,such portion shall be deemed a separate,distinct and independent provision,and such holding of invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining sections,sentences,clauses,or provisions of this Ordinance,or of Exhibit A,which shall remain in full force and effect. SECTION 6.Effective Date.This ordinance shall take effect upon ?nal reading and approval. PASSED by the City Commission on ?rst reading on this 14‘“day of November,2022. PASSED by the City Commission on second and ?nal reading and following a public hearing on this day of ,2022. 018512374 Agenda Item #9.A.28 Nov 2022Page 35 of 64 CITY OF ATLANTIC BEACH Ellen Glasser,Mayor Attest: Donna L.Bartle,City Clerk Approved as to form and correctness: Brenna M.Durden,City Attorney 0185 1237-1 Agenda Item #9.A.28 Nov 2022Page 36 of 64 EXHIBIT A,New Section 13-2 Sec.13-2.Camping and obstructing public streets,public places prohibited. (a)Except as may be allowed in accordance with Chapter 5 of the City’s Code of Ordinances, and by applicablerules,regulations or permits,it is unlawful for any person,after having been informed and given notice by a police of?cer that the following conduct is in violation of a city ordinance,and after the completion of the outreach efforts delineated in subsection (b)of this section,to engage in the following conduct: (1)Sleep,camp,or lodge: a.On any public right-of-way,sidewalk,street,roadway,or parking lot;or b.In any City park or beach;or c.In any City-owned building lobby,entranceway,plaza,or common area. (2)Construct or maintain any building,structure,tent or use any other objects that are intended to be used for housing accommodations,lodging,sleeping or camping: a.On any public right-of-way,sidewalk,street,roadway,or parking lot;or b.In any City park or beach;or c.In any City-owned building lobby,entranceway,plaza or common area. (3)Obstruct the safe or free passage of persons or vehicles: a.On any public right-of-way,sidewalk,street,roadway,or parking lot;or b.In any City-owned building lobby,entranceway,plaza or common area. (b)Outreach efforts.No person may be cited for a violation of subsection(a)of this section, nor may the provisionsof Section 5-33(b),of the City’s Code of Ordinances,Trespass for violations of park rules and City’s Code of Ordinances,be triggered due to a violation of subsection (a)above,before a reasonable attempt has been made by a police officer to ascertainwhether the person is in need of homeless assistance services and/or housing assistance and informed by such police officer that available shelter beds or other suitable emergency housing is available should the person need housing/shelter assistance. (1)If it is determinedthat a person desires housing/shelter assistance,the police of?cer will take all reasonable steps toward directing the person to the appropriate housing/shelter service facility,including,without limitation,transportationto such facility.When transporting a person to such facility,the of?cer must ensure all the (2)If a person refuses housing/shelter assistance and they otherwisefail to comply withsubsection(a)of this section after notice of a violation has been provided,the personmaybecitedwithaviolationofsubsection(a)of this section in accordance withSection5-33 of the City of Atlantic Beach’s Code of Ordinances.(3)If at any time the police of?cer determines housing/shelter assistance is desired by apersonbutthathomelessassistanceservicesand/or housing assistance is unavailable,a01351233-1 Agenda Item #9.A.28 Nov 2022Page 37 of 64 trespass warning,citation,or arrest in accordance with Section 5-33 of the City of Atlantic Beach’s Code of Ordinances,may not be made. (c)For purposes of this section,the following de?nitions shall apply: (1)“Camp”or “camping”means either sleeping or otherwise being in a temporary shelter out-of-doors,sleeping out-of-doors or cooking over an open ?ame out-of- doors,except that "camp"or "camping"does not include in its meaning only so-called "tailgating,"picnicking or other similar temporary activities conducted in accordance with City ordinances,rules,regulations or permits. (2)“Lodging”or “lodge”means to live in or reside in a place temporarily or permanently. 018512334 2 Agenda Item #9.A.28 Nov 2022Page 38 of 64 Current Section 13-2 (requested to be repealed) Sec.13-2.Camping and obstructing public streets,public places prohibited. (a)No person shall loiter,lounge or sleep in or upon any street,park or public pl ac e orin any public building,or obstruct the access to any public building or any p ar t there of,or obstruct passage through or upon any public street,park or public place. (b)For the purposes of this section,the terrn "loiter"shall encompass,but shall not necessarily be limited to,one or more of the following acts: (1)Obstruction of the free,unharnpered passage of pedestrians or vehicles. (2)Obstructing,molesting or interfering with any person lawfully upon an y street,park or other public place. (3)Conduct involving the concept of standing idly by.loa?ng,walking ab ou taimlesslywithoutpurposeandincludingthecolloquialexpressionof around." (c)A person shall be guilty of Violating this section only after refusing to rrlove onwhen so requested by a peace officer,provided the peace officer has exercised discretion reasonably under the circurrlstances in order to preserve or prornot e public peace and order. (Cl)For the purpose of this section,the term "other public place"shall be deenle d to include the quasi—public area in front of or adjacent to any store,shop.resta urant ,luncheonette or other place of business,and shall also include any parking lo t orother vacant private property not owned or under the dominion of the person ch arg ed witha violation of this section. (Code 1970,§14-7) Cross referencce Streets,sidewalks and other public places.Ch.I‘);obstructing fre e pass ageofstreetsandsidewalksprohibited,§I9—I . uiasazzsd Agenda Item #9.A.28 Nov 2022Page 39 of 64 Page 40 of 64 AGENDA ITEM: SUBMITTED BY: TODAY’S DATE: MEETING DATE: BACKGROUND: STAFF REPORT City of Atlantic Beach Commission Meeting ORDINANCE NO.20-22-166 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH,FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,2021 AND ENDING SEPTEMBER 30,2022,AND PROVIDING AN EFFECTIVE DATE. Melissa Burns,Director of Finance November 15,2022 November 28,2022 Local Governments have up to 60 days after the end of a ?scal year to amend the recently ended ?scal year’s budget.The budgets of six funds needed to be amended/adjusted. General Fund Section 2-313 of the City Code allows for transfers of appropriations between general classi?cations of expenditures within an of?ce,department or agency.It does not allow for transfers between on of?ce,department or agency to another,it has to be transferred by ordinance.This is the case within the General Fund,there is no change in the overall budget,but there are two departments that need additional funds;Code Enforcement and Beauti?cation.The majority of the adjustments are needed in the personnel sections of those departmental budgets.Employee costs in the Beauti?cation Department are allocated across a couple of departments,and General Fund resulting in a $0 change in the overall General Fund budget.Community Development Block Grant (CDBG)Fund Agenda Item #9.B.28 Nov 2022Page 41 of 64 BUDGET: In Fiscal Year 2020,funds were transferred to the Capital Projects Fund for the Aquatic Gardens project in anticipation of receiving grant funds.Those grant funds were not received as funds are received on a reimbursement basis and no requests had been made.The transfer needs to be recognized as revenue and reverse the transfer. American Rescue Plan Act Fund We received our first tranche in October of 2021;and the second tranche was supposedto be one year later,however,came in August instead so the revenue has to be recognized in the year received. Capital Projects Fund As stated above,the Capital Projects Funs received transfers from the CDBG fund for the Aquatic Gardens project,however,no grant funds were received.The Capital Projects Fund needs to return the transferred amount to the CDBG fund until the grant funds are actually received. Sanitation Fund The City contracted with a new waste hauler vendor which the cost was slightly more than was budgeted.Additionally,there has been fuel cost adjustments due to the high fuel prices this year.Additional funds are needed to cover a portion of September’s invoice. General Employees’Pension Fund This amendment appropriates additional funds for investment expenses and service retired pay line items. General Fund -$0 — -Capital Projects Fund -$216,667 increase in expendituresSanitationFund-$50,132 increase in expendituresGeneralEmployees’Pension Fund -$88,543 increase in expenditures Agenda Item #9.B.28 Nov 2022Page 42 of 64 RECOMMENDATION:Commission hold a public hearing and pass Ordinance 20- 22- 166onsecondand?nal reading ATTACHNIENT:Ordinance 20-22-166 REVIEVVED BY CITY MANAGER:4 Agenda Item #9.B.28 Nov 2022Page 43 of 64 ORDINANCE NO.20-22-166 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH,FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,2021 AND ENDING SEPTEMBER 30, 2022,AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary increases and transfers at the fund level,and WHEREAS,the nature of budgetary systems and those day—to-daydecisions affecting such budgetary systems require adjustments from time-to-time,and WHEREAS,the City is amending the operating budget to add net funds totaling $0 in the General Fund;$216,667 in the Community Development Block Grant Fund;$3,473,921 in the American Rescue Plan Act fund;$216,667 in the Capital Projects Fund;$50,132 in the Sanitation Fund;and $88,543 in the General Employees’Pension Fund for various expenditures. WHEREAS,the City of Atlantic Beach did not include the funding for these expenditures in the original adoption of the Fiscal Year 2022 Annual Operating Budget and therefore must amend the budget to recognize a transfer in from the Capital Projects Fund in the Community Development Block Grant Fund;additional revenue in the American Rescue Plan Act Fund;and to have suf?cient amounts within the General,Sanitation and General Employees’Pension Funds in order to fund the expenditures. NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA that: SECTION 1.The Fiscal Year 2021/2022 Operating Budget is hereby amended as follows: GENERAL FUND Expenditures: General Government/Building Maintenance: Other Contractual Services $(2l,568) Code Enforcement Salaries 4,194 Special Pay 2,072F.I.C.A.353HealthInsurance3,102LifeInsurance32Workers’Compensation 2,711OperatingSupplies1,296OrdinanceNo.20-22-166 Page 1 of 3 Agenda Item #9.B.28 Nov 2022Page 44 of 64 Gasoline 676 Total Expenditures:$1! COMMUNITY DEVELOPMENT BLOCK GRANT FUND Revenues: Transfer from Capital Projects Fund $216,667 Fund Balance:§216,667 AMERICAN RESCUE PLAN ACT FUND Revenues: Federal Grant $3,473,921 Fund Balance:§3,47;a22l CAPTIAL PROJECTS FUND Expenditures: Transfer to CDBG Fund $216,667 Fund Balance:g§216,667; SANITATION FUND Expenditures: Other Contractual Services/Pick Up &Haul Contract $50,132 Fund Balance:§150,132; GENERAL EMPLOYEES’PENSION FUND Expenditures: Investment Expense $34,594 Fund Balance:§188,542;SECTION 2.This ordinance shall take effect immediately upon adoption.Ordinance No.20-22-166 Page 2 of 3 Agenda Item #9.B.28 Nov 2022Page 45 of 64 PASSED by the City Commission on first reading this 14”‘day of November 2022. PASSED by the City Commission on second and ?nal reading this 28”‘day of November 2022. Mayor Attest: Donna L.Bartle,City Clerk Approved as to form and correctness: Brenna M.Durden,City Attorney Ordinance No.20-22-166 Page 3 of 3 Agenda Item #9.B.28 Nov 2022Page 46 of 64 CITY OF ATLANTIC BEACH CITY COl\/IIVIISSION IVIEETING STAFF REPORT AGENDA ITEM:Ordinance No.75-22-23 .Amendments to Municipai ordinance Governing Parking SUBIVIITTED BY:Victor Gualillo,Chiefof Police TODAY’S DATE:November 17,2022 MEETING DATE:November 28.,2022 BACKGROUND: With regard to the expansion of the Paid Parking prograrn that now includes 1 8”‘and 1 9 " ‘ Streets, the current ordinance needs to be updated.In its current state,Chapter 21 Division Co ntr oll ed and l\/[etered Parking,was primarily crafted to address paid parking in the Town Cente r whichis enforced and managed by Neptune Beach.With the addition of 18”‘and 19”‘Streets,andsince we have added a civilian parking enforcement person,Division 3 needs to be u p da te d to recognize differences in managing the current pI'ogram.The Commission also reco gniz ed that when expanding the Paid Parking program,a monetary cost was added that w as nota consideration when the current ordinance was written with Neptune Beach handling theTown Center “pay to park"operations.The arnended ordinance recognizes our use acivilian parking enforcement officer,an automated citation system,administration of par kin g ?nes, adrninistration of the paid parking program,and additional uses of fines collected. Also included for the Commissions consideration are amendments to add the use pave mentandcurbmarkingstoindicateparkingcontrolareas,allowing parking in the right of w a y onthe south side of Plaza Dr.immediately adjacent to Russell Park and not allowing parking with in 30 feet of a Stop sign.All of these changes will assist the City in managing parking inthecity. The changes are in coxnpliance with Florida State statutes or the l\/Ianual of Unifor m Traffic Control and Design. RECONINIENDATION:Approve Ordinance No.7S—22—28 on ‘Final reading ATTACK-I]\/IENTS:Ordinance No.75-22-28 3 UDGET:None REVIEVVED BY CITY MANAGER:Agenda Item #9.C.28 Nov 2022Page 47 of 64 10/21/2022 ORDINANCE NO.75-22-28 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH,FLORIDA,AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES,TRAFFIC AND MOTOR VEHICLES,ARTICLE II,— STOPPING,STANDING AND PARKING ON PUBLIC PROPERTY AND ARTICLE III,WRECKER SERVICE;PROVIDING FOR CODIFICATION; PROVIDING FOR APPLICABILITY;PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,in 2019 the City Commission of the City of Atlantic Beach authorized Controlled and Metered Parking for the Beaches Town Center area;and WHEREAS,in 2021,the City Commission of the City of Atlantic Beach authorized expanding the use of Metered Parking zones to include the Eighteenth and Nineteenth Street parking areas;and WHEREAS,increasing the use of Metered Parking zones within the City and adding civilian parking enforcement personnel to help staff to implement this program requires additional authorization by ordinance;and WHEREAS,to create a cohesive and streamlined code it is necessary to add new language regarding parking and traffic control within the City,and remove super?uous language from various portions of Article II and Article III of Chapter 21 of the Code of Ordinances. NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY ATLANTIC BEACH: SECTION 1.Revisions to Article II and Article III of Chapter 21. Sections 21-17,19,20,36 39,42,43,44,45 and 46 of Article II,Stopping,Standing and Parking on Public Propeity,and Section 51 of Article III,Wrecker Service,all contained in Chapter 21,Traffic and Motor Vehicles,of the City’s Code of Ordinances,are hereby amended as shown on Exhibit A and Exhibit B,each dated October 20,2022,attached hereto and by this reference made a pan hereof. SECTION 2.Con?ict.All ordinances,resolutions,of?cial determinations,or parts thereof previously adoptedor entered by the City or any of its officials and in con?ict with this Ordinance SECTION 3.Codi?cation and Scrivener's Eirors.The publisherof the City of Atlantic Beach'sCodeofOrdinances,the Municipal Code Corporation,is hereby directed to incorporate Sections21-17,19,20,36,37,39,42,43,44,45 and 51,as shown on Exhibits A and B hereto,into theCity's Code of Ordinances.Sections of Chapter 21 may be renumbered or re-lettered andscrivener's errors,formatting and typographical errors and other minor,inadvertent graphical01844540-2 Agenda Item #9.C.28 Nov 2022Page 48 of 64 10/21/2022 errors in Chapter 5 which do not affect the intent may be authorized by the City Manager and City Attorney without the need of public hearing,by ?ling a corrected or re-codi?ed copy of same with the City Clerk. SECTION 4.Applicability.The provisions of —Chapter 21 amended hereby,as shown on Exhibits A and B attached hereto,shall apply to all decisions,actions or controversies within the City of Atlantic Beach arising upon the effective date hereof,or ?led,initiated or taken thereafter. SECTION 5.Severability.If any section,sentence,clause,or other provision of this Ordinance,shall be held to be invalid or unconstitutional by a court of competent jurisdiction,such portion shall be deemed a separate,distinct and independent provision,and such holding of invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutionalthe remaining sections,sentences,clauses,or provisions of this Ordinance,which shall remain in full force and effect. SECTION 6.Effective Date.This ordinance shall take effect upon ?nal reading and approval. PASSED by the City Commission on ?rst reading on this __day of ,2022. PASSED by the City Commission on second and ?nal reading and following a public hearing this day of ,2022. CITY OF ATLANTIC BEACH Ellen Glasser,Mayor ATTEST: Donna L.Bartle,City Clerk Approved as to form and correctness: Brenna M.Durden,City Attorney 0l844540-2 2 Agenda Item #9.C.28 Nov 2022Page 49 of 64 ORDINANCE NO.§€—}G—7522-28 AN ORDINANCE OF THE CITY COMMISSION OF THE CIT Y OF ATLANTIC BEACH,FLORIDA,ANIENDING CHAPTER 2]OF THE CO DEOFORDINANCES,TRAFFIC AND IVIOTOR VEHICLES,ARTICLE II,—l-N G STOPPING,STANDING AND PARICING ON PRCDPERTY AND ARTICLE III VVRECKER SERVICE;%PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICT;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,l4rin 2019 the City Connnission of the City of A tl an ti c Beach authorized Hw %Controlled and !\/Ietered Parking for the Beaches T o Center urea;and VVHEREAS,aFX)E_ in 2021 the City Cornrnission of the City of A tl a n ti c Beach authorized expanding the use of l\/Ietered Parking zones to include the Eighteenth a n d Nine teent hStreetparkingareas;and VVHEREAS,increasing the use of l\/Ietered Parking zones within the city and a d d i n g civilian parking enforeeinent personnel to help staff in this prograrn requires additional aut hori zati on by ordinance;and VVHEREAS,to create a cohesive and strearnlined code it is necessary to add new language regarding Igarkin g andtraf?c control within the City,and rcinove super?uous language frorn various portions of IIand Article II]of Chanter 2]of the Code of Ordinances. NOW,THEREFORE,BE IT ENACTED BY THE CITY C()l\’llVIISSI()N BEH ALFOFTHEPEOPLEOFTHECITYATLANTICBEACH: SECTION 1.Revisions to Article ll and Article III of‘Chapter 21.Sections 21- 17 192036 39 42 43 44 45 and 46 of Article 1]Stopping Standing and Parking on Public and Section 5]ofArticle III Wrecker Service all contained in Chapter 21 Traffic and l\/ lot or Vehicle softheCitv’s Code of Ordinances are hereby arnended as shown on Exhibit A and E x hi bi t Beach dated October 20 2022 attached hereto and by this reference inade a part hereof. SECTION 2.Conflict.All ordinances,resolutions,of?cial deterrninations,or p ar ts thereof previously adopted or entered by the City or any ofits officials and in conflict with t Ordin ancearerepealedtotheextentinconsistentherewith. SECTION 3.Codi?cation and Scrivener's Errors.The publisher ofthe City ofAtlant ic Beael1's Code 0fC)rdinances,the l\/lunicipal Code Corporation,is hereby directed to incorporate Seet> ieHé—'‘<l—ie<[9&-FRSea '''''_'. Sections 2l—l7 I9 20 36 37 39 42 43 44 45 46 and S]as SI]()VVfI_()_I'I_Exhibits A a n d Bhereto into the City's Code of(3rdinances.Sections of Chapter §2TlInay be renuinbered or and 0:34-Is-and l Agenda Item #9.C.28 Nov 2022Page 50 of 64 sorivener's errors,formatting and typographical errors and other xninor,inadvertent grap hicalerrorsinChapter5whichdonotaffecttheintentmaybeauthorizedbytheCityl\/IanagerandCity Attorney without the need ofpublic hearing,by ?ling a corrected or re<codi?ecl copy with the City Clerk. SECTION 4.Applicability.The provisions of Section I “‘I”E ',i‘"1.‘ pal-ylieb '‘I ‘V‘''"Leda '‘"H I '1‘41eo+a44':Churiterzl i1I‘|‘lI:l1LlC(l herebv.sho wn on I hibits A and B attached hereto,shall applyto all e&decisions actions or c o n t r o v e r s i e s ; e%¢&witl1|11 the City of Atlantic Beach arisinp upon the effective date here of; or?led; eeinitiated or taken therea?er. SECTION 5.Severabilitx.If any section,sentence,clause,or other provisio n ofthis Ordinance,shall be held to be invalid or unconstitutional by a court ofcon-ipetentjurisdiction,such portion shall be deemed a separate,distinct and independent provision,and such ho ldi ng of invalidity or Linconstitutionality shall not be construed as to render invalid or unconstitut ional the remaining sections,sentences,clauses.or provisions of this Ordinance,which shall r e infull force and effect. SECTION 6.Effective Date.This ordinance shall take effect upon final reading a n d appr oval. PASSED by the City Commission on first reading on this T day of ,2022 . PASSED by the City Comrnission on second and ?nal reading and following a public h e a r i n g this day of ,2022. CITY OF ATLANTIC BEACH Ellen Glasser,lvlayor ATTEST: Donna L.Bartle,City Clerk Approved as to form and correctness: Brenna M.Durden,City Attorney a .x-I-Is~m-r 2 Agenda Item #9.C.28 Nov 2022Page 51 of 64 EXHIBITA 10/20/2022 Sec.21-17.-Prohibited in speci?c areas. Except when in compliance with the directions of a police officer or of?cial traffic control device,or when necessary to avoid con?ict with other traffic,no person shall stop,stand or park a motor vehicle,or any pait thereof: (a)On a paved sidewalk; (b)Within seven (7)feet of a public or private driveway,upon complaint; (c)Within twenty (20)feet of an intersection; (d)Within fi?een (l 5)feet of a ?re hydrant; (e)On a crosswalk; (f)Within twenty (20)feet of a crosswalk ; (g)On lanes and paths exclusively intended for the use of bicycles and pedestrians; (h)Within 30 feet upon the zggproachto any ?ashing signal,stop sign,or traffic control signal located at the side of a roadway.(measured from the pavement markingstop Bar) (1)On the following roadways and rights-of-way,except as provided in subsection (1'): (1)East Coast Drive: (2)Ocean Boulevard: (3)She1ry Drive (from Plaza to Atlantic Boulevard) (4)Se1ninoleRoad: (5)Plaza (except for the 300 Block): (6)Royal Palms Drive: (7)Sail?sh Drive (except for the 600 through 900 Blocks): (8)Levy Road: (9)Dutton Island Road: (10)Donner Road.—_an_<i (j)On the unpaved portions of the following rights~of-way,except between the hours of 6:00 p.m.and 8:00 a.m.or as approved under section 6-18 of this Code of Ordinances: (2)Ocean Boulevard:(3)Sherry Drive (from Plaza to Atlantic Boulevard):(4)Seminole Road:01845473-1 Agenda Item #9.C.28 Nov 2022Page 52 of 64 10/20/2022 (5)Plaza Qr_.(except for the 300 Block and the south side of Plaza Dr immediately adjacent to Russell Park) (6)Royal Palms Drive: (7)Sail?sh Drive (except for the 600 through 900 Blocks)- (8)Levy Road: (9)Dutton Island Road:o_r (10)Donner Road. (Ord.No.75-18-20,§2(Exh.A),1-14-19;Ord.No.75-20-23 ,§1,6-8-20;Ord.No.,§1, Exh.A,,2022) Sec.21-19.-Compliance required with signs and pavement 1narkin When signs,markings or other parking control devices are installed on a roadway or right of way,no person shall park or operate a motor vehicle in violation of such signs,markings or parking control devices. (Ord.No.75-18-20,§2(Exh.A),1-14-19;Ord.No._,S1,Exh.A,__,2022) Sec.21-20.-Parking limitations. §21-17 or by other express parking_provisionsadopted by the City Commission,the City Managgr is authorizedto promulgate and approve parking regulations and limitations, together with signs and markings to provide notice of and implement the regulations and limitations. (b)No motor vehicle,other than of?cial motor vehicles as authorized by the city manager or his desiggee,shall be parked overnight in any public property,public park or public open space,on any property occupiedby a government use,or in any other location posted by the city to prohibit overnight parking. truck,trailer or commercialvehicle upon any right-of-way,except for the purpose ofloadingorunloading,for more than four (4)hours,except when authorizedby the citymanagerortheirdesigneeprovidedthatthevehicledoesnotobstructtraf?c as described insection21-18.(Ord.No.75-18-20,§2(Exh.A),1-14-19;Ord.No.,§1,Exh.A,,2022)0184 5473-1 2 Agenda Item #9.C.28 Nov 2022Page 53 of 64 EXHIBITB 10/20/2022 Sec.21-36.—Issuance of citations. The ¢mae Chief of Police shall have exclusive control of and shall haveprinted put in maceamanagement system with accountability for Enforcement of Chapter 21 and issuance of citations hereunder.It shall be the duty of all police officers and civilian personnel authorized by the Chief of Police to issue City Parking Citations or State of Florida Uniform Traffic Citationsto :=--=-'-:-:..=-:‘=.=.-:.-:::...-: the issue citations for violationsof parking ordinances or Florida Statutes that regulating regulate the parking of motor vehicles on all public rights-of—wayand public property of the city.Notice of violation of a parking ordinance or Florida Statute bypeliee—effieers shall be given by leaving a citation specifying the violation with the registered owner or operator of the motor vehicle or by attaching the parking citation to the motor vehicle ifit is unattended.A—elDuplicate eepy copies of each such ticket shall be signed by issuing eff-leer personnel,with—his,and filed with the records division of the police department or otherwise submitted to an automated records management system_by the end of their shift of work each day. -an anAv (Ord.No.75-18-20,§2(Exh.A),1-14-19;Ord.No.,§1,Exh.A,,2022) Sec.21-37.—Form of citations. Citations for violation of parking ordinances shall: a Be in writing and in the name of the city;) b)Set forth substantially the nature of the offense and the number of the ordinance being violated; )c State the date and time delivered; ( ( ( (d)Specify the license tag number of the motor vehicle causing the violation as well as the person cited ifdelivered in person; (e)Command the owner or operator of the motor vehicle causing the violation to pay to the city the applicable fine as established by section 21-38;and (f)Be signed by the police officer or authorized civilian parking_enforcement personnel issuing them the citation;and (g_)Contain information to appeal the citation to the Clerk of Courts ifthe owner/_o_peratorwishes to challenge the citation. (Ord.No.,§1,Exh.A,,2022) -(a)The finance department is hereby authorized to accept payment of a parking fine as specifiedontheparkingcitationandinaccordancewiththescheduleoffines.The voluntary payment of aparkingfineshallbedeemedequivalenttotheentryofapleaofguiltytotheoffensechargedandwaiveroftherighttoatrialforpurposesofthischapter.(b)There is imposed on each person charged with violation of a parking ordinance who fails to paytheparkingfinewithinthirty(30)days an additional cost of fifty dollars ($50.00).013454804 Agenda Item #9.C.28 Nov 2022Page 54 of 64 10/20/2022 (c)he Chief of Police or their designee shall have the discretion of relieving the owner or ogerator from of paying any portion of a parking citation,including_without limitation the additional fifty dollars ($50.00)late fee,upon good cause being shown and documented bythe owner or qperator of the vehicle. (d)Multiple unpaid violations.if a motor vehicle has three (3)or more unpaid parking tickets,and the time limitations for the payment of the tickets has expired,then the motor vehicle may be disabled or towed pursuant to the conditions set forth within this chapter. (e)The citLmanager may authorize the use of other lawful collection methods such as but not limited to:financial collections agencies;and withholdigg of vehicle regi_strations through the State of Florida pgrsuant to FSS 316.1967. (Ord.No.75-18-20,§2(Exh.A),1-14-19;Ord.No.,§1,Exh.A,,2022) Division 3 —Controlled and Metered Parking Sec.21-42.—Removing and impounding. (a)Members of the police department are hereby authorized to remove and shall cause to be removed any motor vehicle from any public rights—of-wayor public property within the city to a public garage or other place of safety uneleeeireumstanees for violations of provisions enumerated in this cha_gter or when such vehicle creates a public safety concern;such as but not limited to: (a)(1_)When a motor vehicle is left unattended; (49;On a paved sidewalk; (—2—)b_.Within seven (7)feet of a public or private driveway upon complaint; (3994Within fifteen (15)feet of a fire hydrant; 449g,Within an intersection; (5-)g,On a crosswalk;or (6-)f_.Alongside or opposite any street excavation or obstruction when stopping,standing,or parking would obstruct traffic. 65912)When any motor vehicle is left unattended at any place where official signs or markings on the curb prohibit parking,stopping,or standing. éeltg)When any motor vehicle is left unattended upon any roadway or right-of-way for a period (d-X5)When a motor vehicle upon a right-of-way is so disabled as to constitute an obstructiontotraffic,or the person in charge of the motor vehicle is,by reason of physical injury orcondition,incapacitated to such an extent as to be unable to provide for its custody or removal.éel?)When any motor vehicle is left unattended upon a right-of-way and is so parked illegally,or the motor vehicle constitutes an obstruction to normal movement of traffic.018454804 2 Agenda Item #9.C.28 Nov 2022Page 55 of 64 10/20/2022 (b)Allexpenses and chaLqes for towing and impoundment pursuant to §21—51 shall be the responsibility of the owner of the motor vehicle. (Ord.No.,61,Exh.A,,2022) Sec.21-43.-General provisions. (a)The city manager,after review and approval by resolution by the city commission,is authorized: to establish controlled and metered parking zones ("metered parking zones")within the City of Atlantic Beach;to designate parking spaces within such metered parking zones;and to fix the time limitations for lawful parking in a manner consistent with the schedule of metered parking zones. The city manager,after review and approval by resolution by the city commission,shall establish the schedule and hours during which persons will be required to make payment for the use of a designated parking space within a metered parking zone. (b)Notwithstanding any other provision of the Atlantic Beach Code of Ordinances to the contrary and to the extent permitted by law and after review and approval by resolution by the city commission,the city manager is authorized to delegate the implementation and enforcement of this division 3 to a "district parking operator"which may be an individual,city personnel or a public or private entity,subject to all procurement provisions contained in chapter 2,article Vll,division 2, purchasing,as may be applicable.As used in this division 3,the term "district parking operator" means such duly designated person or entity,or,in the absence of a duly designated person or entity,shall mean city personnel authorized to implement and enforce this chapter 21. (c)Violations of any section of this division 3 shall be punishable as set forth herein in Sections 21- 29 and 21-39. (d)lnstallation and removal of parking meters and posts and kiosks. (—19Thecity manager shall direct parking meters,posts or kiosks to be installed under the authority of this division 3 and to be placed within city rights-of-way or upon other city property located within metered parking zones.Each meter,post or kiosk shall carry upon its face operating instructions for the collection of payment and parking time limitations. (e)Marking of parking spaces. spaces within metered parking zones.Itshallbeunlawfultoparkavehicleacrossalineormarkingseinsuchamannerthatthevehicle isnotlocatedentirelywithinthedesignatedparkingareas,markings.(2)When a designated parking space located within a metered parking zone,whethermarkedbylinesornot,is parallel with or diagonal to the adjacent curb,sidewalk or edge of0184548043 Agenda Item #9.C.28 Nov 2022Page 56 of 64 10/20/2022 pavement,a vehicle,with the exception of motorcycles,shall be parked head-in or,if there is a parking meter in the space so that the front of the vehicle is nearest to the parking meter and facing in the same direction as the traffic flow on the applicable side of the street.it shall be unlawful to park a vehicle in a designated parking space in any other manner. (Ord.No.75-19-21 ,§1,8-12-19;Ord.No.,§1,Exh.A,,2022) Sec.21-44.-Metered parking charges;overtime parking;enforcement. (a)When a vehicle is parked or standing in a designated parking space located within a metered parking zone,the vehicle operator shall immediately deposit or cause to be deposited in the parking meter or kiosk,either payment for the parking as required fer—the~par-kingaccording to the rate specified upon the face of the meter or kiosk,using approved methods of payment as displayed on the meter or kiosk or,if available,upload vehicle registration information to the automated parking_pro§gam “app”pr_o_videdthe vehicle has been ggistered with the City for “gpace periods”pursuant to subsections (d_)_and(f_)below.Upon payment or uploading the reguired registration information,the designated parking space may be lawfully occupied by a vehicle during the period of parking time which has been prescribed for the metered parking zone or for that portion of time covered by the payment so deposited or grace period permitted whieheveras less.ifthe vehicle remains parked in the designated parking space beyond the parking time fixed for that metered parking zone,or the parking time paid for ,or the grace period,as may be applicable,the vehicle shall be considered illegally parked and may be cited and towed for a violation of this cl@_pter. (b)Personnel authorized by this chapter to may issue citations for any parki_r1gviolation includipg overtime parking violations within metered parking zones in accordance with the schedule of fines set forth in section 21-38.Citations shall substantially comply with the form of citations set forth in section 21-37 Fl.‘|.l..I .H._ (c)No person shall deposit any additional payment in a parking meter or kiosk for the purpose of increasing or extending the parking time for a vehicle beyond the lawful parking time limitation which has been established for the metered parking zone in which the space is located. (60 (—1)(g)Therates and charges for the use of the parking spaces located within metered parking zones in the Beaches Town Center area are fixed as follows: a:(1)Free for the first thirty (30)minutes for all persons; b7(g)Free for up to three (3)hours for Atlantic Beach residents who have registered for paid parking with the city (“grace period”);and el=(A)One(1)or more parking spaces located along Ocean Avenue Boulevard within themeteredparkingzoneshallmaybedesignatedbythecitymanagerfor"take out"only,and shallbelimitedtofifteen(15)minute parking only and shall be free.(e_)_Payto park dates of operation,days of the week and hours shall be set by the CityCommissionunlessexpresslydelegatedtotheCityManaggi0184548044 Agenda Item #9.C.28 Nov 2022Page 57 of 64 10/20/2022 (f_)_Therates and charges for the use of the parking spaces located within metered parking zones in all areas of the city other than the Beaches Town Center are fixed as follows: 1.Three (3)hour g_race period for registered Atlantic Beach residents; 2.One dollar ($1.09)for each thirty (30)minutes. (g)Persons who hold a valid disabled parking_permit and display it prq)erly in a vehicle may park in any designated_parking__s_pacefor up_to four (4)_consecutive hours at no cost. (_l1)é29The city manager may modify these rates,establish minimum and maximum daily and monthly rates and establish time zones as may be required to meet market demands.Such modifications to the rates are subject to review and approval by the City Commission gitjg -IA-AA ‘Q A-ha nuns:..vwuuvwuvvvv -v addition,the City Manager may authorize temporary modifications of such rates for a limite_d duration_,_but in no case for more than 72 hours. (i_)Nopayment shall be deposited in a parking meter or kiosk in a slot other than the slot clearly designated for the purpose of accepting payment of the particular denomination and type deposited.if a parking meter or kiosk is designed to accept a denomination and type of payment which,at the established rental rate for parking in the metered parking zone in which the meter or kiosk is located,would result in an overpayment for parking,an instruction shall be placed on the meter or kiosk that the deposit of the payment willnot afford additional lawful parking time,and such payment shall not afford additional lawful parking time in the designated space. ?)No person shall deposit or cause to be deposited in a parking meter or kiosk a false or counterfeit bill,or object other than lawful tender of the United States.if a false or counterfeit bill, or other object is discovered,the Chief of Police or designee shall be notified. (k)No person shall deface,injure,tamper with,open,impair the usefulness of or otherwise damage a parking meter,post or kiosk. (_l)Noperson,except the district parking operator or an authorized agent or employee of the district parking operator,or in the event the city manager has not designated a district parking operator, then the city manager or the city manager's designee,shall remove or cause to be removed money from a parking meter or kiosk. (m)Under this division,no person shall dispose of a parking ticket except in the manner provided l93Haw—.in Sec.21—39(c). (Ord.No.75-19-21 ,§1,3-12-19;Ord.No.7520-24 ,§1,6-8-20;Ord.No.351,Exh.A, 2022) 018454804 5 Agenda Item #9.C.28 Nov 2022Page 58 of 64 10/20/2022 Sec.21-4§6.-Pay for parking revenue fund. (a)Establishment of fund.The City Commission hereby establishes the pay for parking revenue fund ("parking fund")for the purposes of accepting and disbursing monies paid to the city from the pay for parking program .This parking fund may be projects including but not limited a and convenient travel along and across streets for all users,including pedestrians,bicyclists,persons with disabilities,motorists,movers of commercial goods,users and operators of publictransportation,seniors,children,youth,and families (i.e.,new sidewalks,sidewalk repairs,crosswalks,traffic calming measures,bike racks,road diets,benches,transit shelters/ride share dropoffpoints,etc.).—Thisparking fund may also be used to fund landscape and/or hardscape projectswithinthe?y The parking fund may also be used to fund alternativetransportationandparkingsolutionswithinthe?y city.''‘'018454804 6 Agenda Item #9.C.28 Nov 2022Page 59 of 64 10/20/2022 . A2 -...n-pregrame-Fundscolletdas anartof theaidparkingprogyam may be used to fr the management of the_paid parkingprogram including__butnot limited to sal_a_ry.equipment,training and _operation of the program.No other uses of the parking fund are permitted. (b)Terms of existence.The parking fund shall be self-perpetuating from year to year unless specifically terminated by the City Commission (c)Parking fund assets.Allfunds received shall be placed in the parking fund for and inure to the public use and benefit of the city.Said funds shall be used in accordance with the provisions of subsection (a)above and distributed as designated by the City Commission . (d)Parking fund administration. (1)Parking funds shall be used only for the purposes designated by the city in accordance with the intent provisions of this section 21—4§6 and shall comply with the applicable goals, objectives and policies as set forth within the comprehensive plan. (2)All funds collected from the pay for parking established in division 3 of this chapter shall be deposited in the parking fund,which shall be a separate account established and maintained apart from the general revenue fund of the city. (e)Disbursal of parking fund assets. (1)Expenditures for projects funded by the parking fund shall be made in accordance with the established purchasing procedures of the city. (Ord.No.75-19-22 ,§1,11-25-19;Ord.No.,§1,Exh.A,,2022) Secs.21-46 —21-49.Reserved. Sec.21-51.-Charges for towing and storage. The charges for towing and othen/vise removing any elamaged—er—elisal9ledmotor vehicle from any point within the city shall be as set forth in section 804.1204 of the City of Jacksonville Code of Ordinances with rates as defined by section 804.1205 of the City of Jacksonville Code of Ordinances as amended from time to time. (Ord.No.75-18-20,§2(Exh.A),1-14-19;Ord.No.,§1,Exh.A,,2022) 01845430-1 7 Agenda Item #9.C.28 Nov 2022Page 60 of 64 CITY OF ATLANTIC BEACI-I CITY COMMISSION MEETING STAFF REPORT AGENDA ITEIVI:90-Day Calendar for the lvlayor and Commission SUBMITTED BY:Yvonne Cal‘/erley,Executive Assistant to the City 1Vl aI1 age r/ (— ‘/ TODAY’S DATE:Novernbel‘16,2022 IVIEETING DATE:November 28,2022 ‘ BACKGROUND:The 90-day calendar is included on the agenda for the purp ose ofsetting meeting dates and determining the location,time and whet her to videotape special meetings and workshops. The rolling 90-day calendar will be revised after receiving inp ut frorn City staff and the Commission,and will be included in ea ch agend a for co nsideration. N_ms_s: -Photos ofthe new commission are scheduled to be take n on1\/Ionday, December 5 at 4:30 pm in the chamber. -A Commission workshop is scheduled for l\/Ionday,Dec em ber 5at5pm in the Chamber. -A Town Hall 1\/leeting is tentatively scheduled for Saturda y, January21 frorn 10 am to Noon in the Chamber. 0 A Visioning Wo|‘kshop is tentatively scheduled for ]\/ Ionda y, January30. BUDGET:None RECOl\/I1\/IENDATION:Approve the 90-Day Calendar for December 2022 through Febr uary 2023. ATTACHMENT:1)Mayor and Commission 90-Day Calendar (Decen1be1'through February 2023) KTD REVIEWED BY CITY MANAGER:%'Agenda Item #15.A.28 Nov 2022Page 61 of 64 MAYOR AND COMMISSION December 2022 \\,‘lHl‘Il\‘l)\\ l 2 3 4 5 Commission 6 7 3 9 10 Photos 4:30 pm B100d Dl'i\’€ (City Hall) Commission Noon to 5 pm Workshop 6 pm 11 12 13 14 ESC Tree 15 16 17' Subcommittee Commission Mtg CARAC Mtg 5:15 pm 6:30 pm 6 p111 ESC Mtg 6 pm 18 19 20 2'1 22 23 24 Community ESC Outreach Development Committee City Offices Board 3:30 pm Closed 6 pm 25 26 27 28 29 30 31 City Of?ces Closed Agenda Item #15.A.28 Nov 2022Page 62 of 64 MAYOR AND COMMISSION January 2023 \J 1n 1151) 1 2 3 4 5 6 7 New Year’s Day City Of?ces Closed 8 9 10 11 ESC Tree 12 13 14 ._Subcommittee Commission CARAC 5:15 pm Meetin 5 6:30 PIE pm ESC Meeting 6 pm 15 16 17 18 19 20 21 MLK Day Community ESC Outreach Special Town Hall Development Subcommmee Magisume Meeting -Chamber City of?ces Board Meeting Meeting Hearing 10 am to Noon Closed 5 Pm 6:30 pm 2 pm (Te”""i"e) 22 23 24 25 26 27 23 Commission Meeting 6:30 pm 29 30 31 Visioning Workshop (Tenlative)Agenda Item #15.A.28 Nov 2022Page 63 of 64 MAYOR AND COMMISSION February 2023 '1|'i,.<l>\\’illl'I{>I)\\‘ 1 2 3 4 Blood Drive (City Hall) Noon to 5 pm 5 6 7 3 9 10 11 ESC Meeting Pension Board AnnualDONNA 6 pm Meeting Marathon 6:30 pm 12 13 14 15 16 17 18 ._ESC Outreach C0mm155‘°n Subcommittee Meeting Meeting 6:30 pm 6:30 pm 19 20 21 22 23 24 25 Presidents Day Community Development City Offices Board Closed 6 pm 26 2*28 Commission Meeting 6:30 pm Agenda Item #15.A.28 Nov 2022Page 64 of 64