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Resolution No. 21-38RESOLUTION NO. 21-38 A RESOLUTION OF THE CITY OF ATLANTIC BEACH PROVIDING FOR PROGRAM DETAILS RELATED TO THE 18th & 19th STREET BEACH ACCESS PARKING MANAGEMENT PROGRAM; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR PAID PARKING PROGRAM TO PROVIDE FOR THE 18TH AND 19TH STREET BEACH ACCESS PARKING MANAGEMENT PROGRAM; AUTHORIZING CITY MANAGER TO EXECUTE CONTRACTS AND PURHCASE ORDERS AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; PROVIDING FOR AUTHORIZATION TO DELEGATE IMPLEMENTATION AND ENFORCEMENT OF THE PROGRAM TO THE JOINTLY DESIGNATED DISTRICT PARKING OPERATOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that municipalities shall have governmental, corporate and proprietary powers to enable municipalities to conduct municipal government, perform municipal functions, and render municipal services; and WHEREAS, pursuant to the referenced provision of the Florida Constitution, a City's governmental body may exercise any power for municipal purposes except as otherwise provided by law; and WHEREAS, the City Commission desires to expand the paid parking program to include 181h and 191h Street beach access parking (parking along 18`l' Street from Seminole Rd. to Beach Ave. and parking along 19'' Street from Seminole Rd. to Beach Ave.) to help regulate and control beach access parking; and WHEREAS, the City Commission has authorized a metered parking program to encourage parking space turnover and the mitigation of congestion, and desires now to create benchmarks and program requirements for the program at the 18`h and 19'' Street beach access; and WHEREAS, the City Commission may need to regulate spill over parking'in adjacent neighborhoods to protect the areas from parking creep; and WHEREAS, the City Commission approved Ordinance No. 75-19-21 to set the legislative framework for the metered parking program and adopted the Interlocal Agreement via Resolution 19- 48 to provide for coordination of the metered parking program between the City of Neptune Beach and the City of Atlantic Beach; and WHEREAS, the City Commission desires to enter into a First Amendment of the Interlocal Agreement to incorporate the 18" and 19`' Street beach access parking into the parking program; and WHEREAS, pursuant to Ordinance 75-19-21, the Commission is to approve via Resolution and upon recommendation from the City Manager, certain program details to implement and operate the metered parking program; and WHEREAS, the City Manager has provided recommendations to the City Commission; and WHEREAS, the City Commission has properly considered this Resolution establishing parking program details after proper public notice and comments from staff and the public. Resolution No. 21-38 NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Atlantic Beach as follows: SECTION 1. The City Commission hereby approves the expansion of paid parking to include the 180' and 191i Street beach access areas to create a Beach Access Parking Program Details, as more particularly described and set forth in Exhibit "A", attached hereto and made a part hereof, for the purpose of implementing and operating the expansion of beach access parking into the existing Parking Management Program. SECTION 2. The First Amendment to the Interlocal Agreement for the Paid Parking Program, attached as Exhibit `B" and made a part hereof, is hereby approved and the Mayor is hereby authorized to execute said First Amendment. SECTION 3. The City Manager is hereby authorized to execute such contracts and purchase orders as necessary to effectuate the provision of this Resolution. SECTION 4. The City Manager is hereby authorized to implement the Program Details and take such action as necessary to effectuate the provisions of this Resolution. SECTION 5. The City Manager is hereby authorized to delegate the implementation and enforcement of the metered parking program within the City of Atlantic Beach to a parking operator jointly designated by the Cities of Neptune Beach and Atlantic Beach. SECTION 6. The City Manager shall prepare and present a report to the Commission assessing the paid parking program at 181i and 191` Street beach access parking no later than one (1) year and two (2) months after the initial operation of the beach access parking program with kiosks or app, whichever is earlier. Within one (1) month from the date of the City Manager's report, the Commission shall take action to determine whether to continue or discontinue the beach access parking program. SECTION 7. Both the Parking Program Details, Exhibit A, and the First Amendment, Exhibit B, authorized herein, may incorporate minor amendments and corrections to scrivener's errors that do not affect the intent and material terms and conditions thereof. SECTION -8. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City Commission of the of Atlantic Beach, this 1211 day of July, 2021. ` en Glasser, Mayor Attest: Donna Bartle, City Clerk Approved as to form and correctness: Brenna .Dur . City Attorney Resolution No. 21-38 Exhibit A to Resolution 21- 38 18TH & 19TH STREET BEACH ACCESS PROGRAM DETAILS Expand the paid parking from the Beaches Town Center to the beach access parking along 18th and 19th street between Seminole Rd. and Beach Ave. and as needed restrict on -street parking or parking within the right-of-way in adjacent neighborhoods from 11 a.m. to 5 p.m. One (1) year program summary report — to be completed by City Manager or designee no later than one (1) year and two (2) months after the initial operation of the beach access parking program with kiosks or app, whichever is earlier. Trend assessment of monthly reports tracking: a. parking turn -over rates b. peak parking times c. number of customers using app d. number of customers using kiosks e. number of parking violations issued f. number of parking violations paid and outstanding g. Error logs associated with beach parking kiosks h. number of Atlantic Beach resident vehicles registered for discounted parking rates 1. Financial documents as required by Interlocal Agreement 2. Trend analysis of seasonal and other outside influences (weather, special events, construction, etc.) on parking demands and patterns Parking Rates: For the start of the program the beach access parking rates for spaces are: 1. First thirty (30) minutes free 2. For registered Atlantic Beach residents up to three (3) hours free (includes the first 30 minutes free). 3. One dollar ($1) per half hour after the first thirty (3 0) minutes free or after the three (3) hours free for registered Atlantic Beach residents. Hours of Operation: Pay parking will commence March 1St thru November 30tH Pay parking will only operate on Friday, Saturday and Sunday (March 1St thru November 30th) from 11 am to 9pm. No parking from 9pm to 6am year round. Resolution No. 21-38 — Exhibit A Other parking rules and regulations will be subject to enforcement 24/7 year round (such as ADA parking regulations, illegal parking, etc.). If overflow parking in adjacent neighborhoods becomes an issue the city manager, after authorization by Commission, may implement parking solutions on a street by street bases. Seasonal Adiustments: The City Manager may adjust rates hours and regulations to account for seasonal adjustments such as holidays. However, adjustments that are intended to last for more than seven (7) days must be approved by the Commission. A full analysis of season impacts on the parking will be included in the one (1) year summary report. Issues/Problems/Complaints: Customers who have issues, problems or complaints should call 904-566-9410 or email parking@nbfl.us. Registering as an Atlantic Beach resident: As per Ordinance 75-19-21, Atlantic Beach residents receive a reduction in the parking rates. Residents must register at www.northbeachesparking.com or by calling 904-566-9401 to schedule an appointment to meet with a parking ambassador or to register over the phone or by visiting the City of Atlantic Beach City Hall at800 Seminole Road, Atlantic Beach, Florida. Payment: Customers will pay at the kiosks OR via the app. Kiosks will accept credit cards and cash (no coins). Exact change is required for cash transactions, the kiosk will not give change. Customers must input their license plate number when paying at the kiosk or when using the app. There is no need to display the receipt. All customers must park head -in for 90 degree spaces or be parked in the proper travel direction for parallel parking spaces. Parking Zones and Spaces Established: 18t" Street between Seminole Rd and Beach Ave. for a total of 42 paid parking spaces. 10 Street right-of-way between Seminole Rd and Beach Ave for a total of 15 spaces. Resolution No. 21-38 — Exhibit A 18t' Street- map ���\ \�� \/ t� � � \ \\ \ 191h Street - map fill. M" 5m � /`�\/\` /< Resolution No. 21-38 — Exhibit A Exhibit B FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR PAID PARKING PROGRAM THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR PAID PARKING PROGRAM ("First Amendment") is made and entered into this day of 2021, by and between the City of Neptune Beach, Florida, a municipal corporation located at 116 First Street, Neptune Beach, Florida 32266 (hereinafter, "Neptune Beach"), and the City of Atlantic Beach, a municipal corporation located at 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter, "Atlantic Beach"). Neptune Beach and Atlantic Beach shall be referred to collectively as, the "Parties". WHEREAS, the Parties entered into that certain Interlocal Agreement for Paid Parking Program at Beaches Town Center on October 7, 2019 (the "2019 Interlocal Agreement"); and WHEREAS, the Parties now desire to amend the 2019 Interlocal Agreement to expand the paid parking program to provide for a paid parking program at the 18th Street and 19th Street beach accesses within the City of Atlantic Beach; and WHEREAS, the City of Atlantic Beach has enacted an ordinance to allow for paid parking at the 18th and 19th Street beach accesses; and WHEREAS, the City of Neptune Beach has agreed to pay the costs to implement, operate and administer the paid parking program at the 18th and 19th Street beach accesses in accordance with the provisions of the 2019 Interlocal Agreement, except as expressly modified in this First Amendment. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. The above recitals are incorporated as if fully set forth herein. 2. Attachment A to the 2019 Interlocal Agreement is hereby modified to add those certain parking areas of 18th Street and 19th Street in Atlantic Beach as more particularly described on Exhibit 1 attached hereto and a made a part hereof (the "18th and 19th Street Parking Areas"), which shall, except as expressly provided for in this First Amendment, forthwith be made and included as a part of the "Parking Program", as that term is defined in the 2019 Interlocal Agreement. 3. Notwithstanding the provisions of Section 3 of the 2019 Interlocal Agreement, the City of Atlantic Beach shall be responsible for the costs to purchase and install the required Kiosk(s) as needed to allow the City of Neptune Beach to implement the Parking Program at the 18th and 19th Street Parking Areas. The City of Atlantic Beach shall coordinate the specifications of the Kiosk(s) with the City of Neptune Beach prior to purchasing and installing the Kiosk(s). Except as expressly set forth in this Section, the provisions of Section 3 of the 2019 Interlocal Agreement shall remain valid and in full force and effect. 4. Notwithstanding the provisions of Section 10.b. of the 2019 Interlocal Agreement, the City Manager of Atlantic Beach, in his sole discretion, may make modifications, alterations, adjustments and such other decisions related to the continuation of the Parking Program for the 18th and 19th Street Parking Areas only, in accordance with the ordinances of Atlantic Beach. 5. Section 13, Termination, is hereby amended to add the following provisions: C. In the event Atlantic Beach chooses, in its sole discretion, to terminate the 18th and 19th Street Parking Areas portion of the Parking Program only, then the provisions of Subsections a. and b. above shall not be applicable as stated herein. 6. Except as expressly set forth herein, the terms and conditions of the 2019 Interlocal Agreement shall remain valid and in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment, effective as of the date set forth herein above. Attest: Donna L. Bartle, City Clerk 2 CITY OF ATLANTIC BEACH, FLORIDA Ellen Glasser, Mayor Approved as to Form and Content: Brenna M. Durden, City Attorney CITY OF NEPTUNE BEACH, FLORIDA Elaine Brown, Mayor Attest: Catherine Ponson, City Clerk Approved as to Form and Content: Zachary Roth, City Attorney EXHIBIT 1 Parking Zones and Spaces Established: 18th Street between Seminole Rd and Beach Ave. for a total of 42 paid parking spaces. 19th Street right-of-way between Seminole Rd and Beach Ave for a total of 15 spaces. 18th Street- map c i 19th Street - map 4