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20161109 AM1MIAMI BEACH City Commission Meeting ADDENDUM MATERIAL 1 (1114120161 City Hall, Commission Chambers, 3'd Floor,lTOO Gonvention Center Drive November 9, 2016 Mayor Philip Levine Commissioner John Elizabeth AlemAn Commissioner Ricky Arriola Commissioner Michael Grieco Commissioner Joy Malakoff Com m issioner Kristen Rosen Gonzalez Commissioner Micky Steinberg City Manager Jimmy L. Morales City Attorney Raul J. Aguila City Clerk Rafael E. Granado Visff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings. ATTENTION ALL LOBBYISTS Ghapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. ADDENDUM AGENDA G4 - Commission Committee Assiqnments C4 E REFERRAL TO LAND USE & DEVELOPMENT COMMITTEE OF A DISCUSSION TO REZONE THE WESTERN SIDE OF THE 600 BLOCK OF WASHINGTON AVENUE FROM RM-2 TO CD-2. Commissioner Michael Grieco Addendum added on 111412016 C4 F REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE - DISCUSSION ON THE POTENTIAL EXPANSION OF THE BIG BELLY TRASH CAN PROGRAM. Public Works Sustainability & Resiliency Committee (Original Sponsor: Commissioner Michael Grieco) Addendum added on 111412016 C4 G REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE - DISCUSSION ON REQUIRING SUSTAINABILITY STANDARDS SIMILAR TO LEED FOR RETROFITS IN CITY- OWNED PROPERTIES. Environment and Sustainability Commissioner Kristen Rosen Gonzalez Addendum added on 111412016 1 Addendum 1, November 9, 2016 C4 H REFERRAL TO THE FINANCE AND CITWVIDE PROJECTS COMMITTEE - DISCUSSION REGARDING IMPLEMENTING CIGARETTE BUTT RECEPTACLES IN HIGH PEDESTRIAN TRAFFIC AREAS. Environment and SustainabilitY Sustainability & Resiliency Committee (Original Sponsor: Commissioner Michael Grieco) Addendum added on 111412016 C4I REFERRAL TO THE NOVEMBER 18, 2016 FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING REGARDING THE CITY'S TWO-YEAR PILOT TUITION ASSISTANCE PROGRAM. Human Resources Addendum added on 111412Q16 G7 - Resolutions C7 O A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, TO AUTHORIZING THE PLANNING DEPARTMENT TO ACCEPT AN APPLICATION BY SOUTH BEACH HEIGHTS I, LLC, 5OO ALTON ROAD VENTURES, LLC, AND 1220 SIXTH, LLC, TO FILE FOR DESIGN REVIEW APPROVAL AND OR PLANNING BOARD APPROVAL, WHILE THE PROPOSED ORDINANCE AMENDMENT RELATING TO THE MAXIMUM PERMITTED HEIGHT AND NUMBER OF STORIES FOR SITES WITH EXISTING NONCONFORMING BUILDINGS IN THE CD-2 DISTRICT IS PENDING. Commissioner Ricky Arriola Addendum added on 111412016 R9 - New Business and Commission Requests R9 Y DISCUSSION REGARDING AN AUDIT OF CITY BOARDS AND COMMITTEES TO IDENTIFY MEMBERSHIP CATEGORIES THAT NO LONGER EXIST. Office of the City Attorney / Office of the City Clerk Addendum added on 111412016 R9 Z DISCUSS PUBLIC BEACH ACCESS AT 36TH STREET PARK. Commissioner Kristen Rosen Gonzalez Addendum added on 111412016 R9 AA DISCUSSION ITEM ON NORTH BEACH MASTER PLAN AND HISTORIC DESIGNATION _ TO SCHEDULE SPECIAL CITY COMMISSION MEETING. Planning Commissioner John Elizabeth Aleman Addendum added on 111412016 R9 AB DISCUSSION REGARDING THE CITY'S POLICY AS IT RELATES TO CITY EMPLOYEES CONTRACTING COMMUNICABLE DISEASES WHILE WORKING; PAID LEAVE TIME, WORKERS COMPENSATION, ETC. Commissioner Michael Grieco Addendum added on 111412016 2 Gommission Committee Assignments - C4 E MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: ConrnissionerMichaelGrieco DATE: November 9,2016 SUBJECT: REFERRAL TO LAND USE & DEVELOPMENT COMMITTEE OF A DISCUSSION TO REZONE THE WESTERN SIDE OF THE 600 BLOCK OF WASHINGTON AVENUE FROM RIVI2 TO CD-2. ANALYSIS Please place a refenal to Land Use & Development Committee of a discussion to rezone the westem side of the 600 block of Washington Avenue from Rt\rF2 to CD-2. Legislative Tracking Commissioner Michael Grieco Page 64 of 930 3 THIS PAGE INTENTIONALLY LEFT BLANK 4 Gommission Gommittee Assignments - C4 F AAIAAAI BEACH COMMISSION ME II'ICRAN D U M TO: Honorable Mayor and Members of the City Commission FROM: Jirmy L. Morales, City Manager DATE: Novenber 9,20'16 SUBJECT: REFERRAL TO THE FINANCE AND CIT\AruIDE PROJECTS COMMITTEE - DISCUSSION ON THE POTENTIAL EXPANSION OF THE BIG BELLY TRASH CAN PROGRAM. RECOMMENDATION This item was referred to the Finance & Citywide Projects Committee by the Sustainability & Resiliency Committee on October 26,2016. Legislative Tracking Public Works Page 65 of 930 5 THIS PAGE INTENTIONALLY LEFT BLANK 6 Commission Gommittee Assignments - C4 G AAIAMI BEACH COMMISSION ME II,IORAN D U M TO: Honorable Mayor and Members of the City Commission FROM: Jimrny L. Morales, City Manager DATE: November 9,2016 SUBJECT: REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE DISCUSSION ON REQUIRING SUSTAIMBILITY STANDARDS SIMILAR TO LEED FOR RETROFITS IN CITY.OWNED PROPERTIES. Legislative Tracking Environment and Sustainability Sponsor Commissioner Kriste n Rosen Gonzalez Page 66 of 930 7 THIS PAGE INTENTIONALLY LEFT BLANK 8 Gommission Committee Assignments - C4 H GOMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jirnrny L. Morales, City Manager DATE: November 9,2016 SUBJECT REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE - DISCUSSION REGARDING IMPLEMENTING CIGARETTE BUTT RECEPTACLES IN H]GH PEDESTRIAN TRAFFIC AREAS. RECOMMENDAflON This is item was referred to the Finance & Citywide Projects Committee by the Sustainability & Resiliency Conrnittee on October 26,2016. Leoislative Trackinq Environment & Sustainability Sponsor Sustainability & Resiliency Committee Page 67 of 930 9 THIS PAGE INTENTIONALLY LEFT BLANK 10 AAIAAAI BEACH TO: FROM: DATE: SUBJECT: REFERRAL TO THE NOVEMBER 18, 2016 FINANCE AND CITYIVIDE PROJECTS COMMITTEE MEETING REGARDING THE CITYS TWO.YEAR PI LOT TUITION ASSISTANCE PROGRAM. RECOMMENDAilON On January 14,2015, the Commission approved the recomrnendations of the Finance and Citywide Projects Committee ('FCWPC") to arnend the City's Tuition Assistance Program for a two-year pilot, to upgrade the program in hopes of encouraging employees to further their education by taking accredited courses which will improve their perforrrance in the services they provide in their position and potential advancenent within the City. It had been more than ten years since the Tuition Assistance program had been updated when the Commission approved the amended program in January 2015. The Commission agreed to tuition assistance based on, but not to exceed, the established credit hour tuition rate in the State of Florida's University System at the time of enrollrent. Assistance is based on a sliding scale directly related to the employee's perforrnance in approved coursework from accredited institutions of higher learning with a six (6) credit hour limit per semester. The assistance is based on the grades earned and limited to 80 percent for an 'A', 60 percent for a "B", and 40 percent for a "C", except graduate courses for which assistance is based on grades "A' and "8" only. ANALYSIS The amendments to the TuitionAssistance Program was for a two-year pilot in order to evaluate the participation level and gather statistical data on cost to determine whether the City will be able to afford such an employment benefit. lt has been determined that some aspects of the Administrative Procedure that was drafted to incorporate the items discussed at FCWPC and approved by the Commission are vague and possibly confusing. The Administration will discuss and recommend a more streamlined and simplistic approach to the Tuition Assistance Program that achieves the same goals set forth in the pilot program. CONCLUSION The Administration recommends refenal to the November 18th Finance and Citywide Projects Committee for discussion and consideration. Gommission Committee Assignments - C4 I COMMISSION METIJPRAN DU M Honorable Mayor and Members of the City Commission Jimrny L. Morales, City Manager November 9,2016 Page 68 of 941 11 Legislative Tracking Human Resources Page 69 of 941 12 Resolutions - C7 O AAIAAAI BEACH COMMISS ION ME TIIIORAN D U M TO: Honorable Mayor and Members of the City Commission FROM: CommissionerRickyArriola DATE: November 9,2016 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE Clry OF MIAMI BEACH, TO AUTHORIZING THE PLANNING DEPARTMENT TO ACCEPT AN APPLICATION BY SOUTH BEACH HEIGHTS I, LLC, 5OO ALTON ROAD VENTURES, LLC, AND 1220 SIXTH, LLC, TO FILE FOR DESIGN REVIEW APPROVAL AND OR PLANNING BOARD APPROVAL, WHILE THE PROPOSED ORDINANCE AMENDMENT RELATING TO THE MAXIMUM PERMITTED HEIGHT AND NUMBER OF STORIES FOR SITES WITH EXISTING NONCONFORMING BUILDINGS INTHE CD-2 DISTRICT IS PENDING. Leoislative Trackino Commissioner Riclry Aniola ATTACHMENTS: Description o Resolution Page 249 of 930 13 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CIry GOMMISSION OF THE CIry OF MIAMI BEACH, TO AUTHORIZING THE PLANNING DEPARTMENT TO ACCEPT AN APPLICATION BY SOUTH BEACH HEIGHTS I, LLC, 5OO ALTON ROAD VENTURES, LLC, AND 1220 SIXTH, LLC, TO FILE FOR DESIGN REVIEW APPROVAL AND OR PLANNING BOARD APPROVAL, WHILE THE PROPOSED ORDINANCE AMENDMENT RELATING TO THE MAXIMUM PERMITTED HEIGHT AND NUMBER OF STORIES FOR SITES WITH EXISTING NONCONFORMING BUILDINGS IN THE CD.2 DISTRICT IS PENDING. WHEREAS, the applicants, South Beach Heights l, LLC, 500 Alton Road Ventures, LLC, And 1220 Sixth, LLC, would like to be able to submit an application for Design Review and/or planning Board review while the Planning Board and City Commission review the proposed ordinince amending the maximum building height regulations that apply to the CD-2 zoning district; and WHEREAS, as currently drafted, the ordinance would permit sites outside of historic districts developed with buildings existing as of January 1, 2017, and which buildings are nonconforming as to height and/or number of stories, to be redeveloped with new construction at the same freight and/or number of stories as the non-conforming building; and WHEREAS, the applicant desires to take advantage of the terms of the ordinance for the "600 Alton" project located on the 500 and 600 blocks of the west side of Alton Road; and WHEREAS, the applicant would be required to provide a hold harmless and indemnification agreement to the City prior to any filing of an application for public hearing, and WHEREAS, without the City's authorization, Planning Staff cannot accept the application or process the application for public hearing before the Planning Board or Design Review Board; and WHEREAS, the hold harmless would ensure that should the ordinance not be adopted, or should the ordinance be revised, the Applicant will not be able to claim a vested right. NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND ctTy coMMtsstoN oF THE CITY OF MIAM! BEACH, FLORIDA, the Mayor and city Commission to authorizing the Planning Department to accept an application by South Beach Heights l, LLC, SOb ntton Road Ventures, LLC, And 1220 Sixth, LLC, to file for Design Review approval and or Planning Board approval, while the proposed ordinance amendment relating to the maximum permitted height and number of stories for sites with existing nonconforming buildings in the cD-z district is pending. PASSED and ADOPTED this daY of ,2016 14 ATTEST:Philip Levine, Mayor Rafael Granado, City Clerk APPROVED AS TO FORM & LANGUAGE 15 16 AAIAMI BEACH TO: FROM: DATE: SUBJECT: DISCUSSION REGARDING AN AUDIT OF Clw BOARDS AND COMMITTEES TO IDENTIFY MEMBERSHIP CATEGORIES THAT NO LONGER EXIST. ANALYSIS A discussion item is requested to be placed on the November 9, 2016 Commission agenda with regard to performing an audit of City Boards and Committees. The purpose of an audit would be to identify membership categories that no longer exist or may be obsolete. Once such categories have been identified, an appropriate amendment to Chapter 2 of the City Code conceming Board and Committee memberships may be considered at a future City Commission meeting. It is recommended that the Office of the City Clerk and the Office of the City Attomey conduct the audit. Legislative Tracking Office of the CityAttomey / Office of the City Clerk New Business and Gommission Requests - R9 Y COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Cornmissioner Michael Grieco November 9,2016 Page 895 of 930 17 THIS PAGE INTENTIONALLY LEFT BLANK 18 New Business and Commission Requests - R9 Z AAIAMI BEACH COMMISSION ME TVPRAN DU M TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Kristen Rosen Gonzalez DATE: November 9,2016 SUBJECT: DISCUSS PUBLIC BEACHACCESS AT 36TH STREET PARK. ANALYSIS Please place on the November 9, 2016 Commission Meeting agenda a discussion item regarding public access to the 36th Street Beach Park. I received the attached email from the Surfrider Foundation Miami Chapter wlrerein they notify me of their concerns regarding public beach access on 36th Street and the elimination of over 60 parking spaces in the blocks between 32nd and 36th Streets. Legislative Tracking Commissioner Kristen Rosen Gonzalez ATTACHMENTS: Description o Surfrider Ennil o Photographs Page 896 of 930 19 Subject: Attachments: FW: 35 st beach park tMG J232 )PG; IMG_4233 J PG From: Miami At-Large EC 1 <atlargel@miami.surfri Date: November 2,2016 at4:25:12 PM EDT To: Robert Kahn <roklaw@bellsouth.ne>, <marianofernandez@miami , "Rosen Gonzalez, Kristen"@ Cc: Miami Chair <chair@miami.surfrider. , Miami At-Large EC 1 <at1arge1@miami.surfii Subject: Re: 36 st beach park :: Robert, I Surfrider Foundation greatly appreciates your efforts in helping right this egregious public beach access issue. We rely on eyes on-the-ground and feet-in-the-sand from members like you as part , of our grassroots aotivist network. Dear Commisioner Rosen-Gon zalez andMr. Fernandez, i i Working to protect public beach access is one of the pillais of Surfrider Foundation's ' mission, The Faena project has significantly limited public access from the blocking of one ourI few open ocean view spaces, to blocked walkover/deplorable shower area to - most importantly - I would appreciate you directing me to the best CMB elected officials and staff where we canI take this public parking access matter up in a formal manner. I Back to the commercial use and blocked open space, Surfrider looks forward to swift progress in correcting the public space matter that Robert has graciously called to the City's attention on behalf of Miami Beach residents. Kind regards, Mike Gibaldi, Board Member Surfrider Foundation Miami Chapter elinninatin g-ptrb li e-p ark-in g-sp ae es This last issue is of greatest concern to Surfrider. Over 60 public parking spaces have been removed from public use by the Faena project in the blocks between 32-36 Streets for several years now. This is in direct policy conflict with any state, county or rnunicipal beaches like Miami Beach that receive federal funding for beach renourishment, Page 8b7 of 930 20 21 22 New Business and Commission Requests - R9 AA AAIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner John Elizabeth Alem6n DATE: November 9,2016 SUBJECT: DISCUSSION ITEM ON NORTH BEACH MASTER PLAN AND HISTORIC DESIGNATION _ REQUEST TO SCHEDULE SPECIAL CITY COMMISSION MEETING. Legislative Tracking Office of the City Clerk/ Planning ATTACHMENTS: Description n Mennrandum Page 900 of 930 23 AAIAAAIBTACH City ot Miami Beach, l7O0 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM ro: Mayor Philip Levine and Members of the City Commission Jimmy L. Morales, City Manager FRoM: Commissioner John Elizabeth Alemdn DATE: November 9, 2016 SUBJECT: Discussion ltem on North Beach Master Plan and Historic Designation - Request to Schedule Special Meeting I am seeking to schedule a special meeting of the City Commission, to be held prior to December 11,2016, relating to a discussion of the North Beach Master Plan and the Designation of Historic Districts. During the October 19, 2016 City Commission Meeting, Debbie Tackett, the City's Historic Preservation Officer/Planner provided a breakdown of the process and time tables for Historic Designation of certain areas of North Beach. On October '11th, Planning Staff provided a report and recommendation to the Historic Preservation Board relating to the possible designation of two districts in North Beach. The Historic Preservation Board recommended the Planning Department prepare Historic Designation Reports for the boundaries identified in the North Beach Master Plan and to develop Design Guidelines for flexibility and resiliency. The City Commission has an initial 60 day window from October 11th to modify or deny designation. Sec.1 18-591 (b) of the City Code: Preliminary review. Upon receipt of a completed application and fees, if applicable, the planning department shall prepare an evaluation and recommendation for consideration by the board. After considering the department's recommendation, a majonty vote of the board shall be necessary to direct the department to prepare a designation report. The city commission shall be notified of the board's decision and the initial boundaries proposed for designation. Within 60 davs of the vote of the historic preservation board to direct the planninq department to orepare a desiqnation report. the citv commission mav. bv a five-sevenths vote. denv or modifu the proposed request for desiqnation, as well as establish specific timeframes for the completion of the evaluation and recommendation and/or desiqnation report. Page 901 of930 24 Commission Memorandum Dlscussron ltem on North Beach Plan and Historic Designation - Specia/ Meeting Reguesl November 3, 2016 The Commission also has the authority to modify the boundaries, etc. during the final review, as delineated below. This deadline for the City Commission to modify the boundaries, or modify the request for designation, and/or modify deadlines is December 10, 2A16. I would recommend holding a special meeting of the City Commission prior to December 10, 2016, so that the issues can be fully vetted, including deadlines, boundaries, and details relating to the designation reports. Thereafter, whether the original boundaries proceed forward or new boundaries are proposed by the City Commission, the Planning Department will then prepare and present the Historic Designation Reports to the Historic Preservation Board along with Design Guidelines specific to each of the proposed districts. The City Code requires the Historic Designation Reports to be presented to the Historic Preservation Board within one (1) year of the initial recommendation (Oct. 11,2016). Per Ms. Tackett, it typically does not take more than a few months to finalize the reports. However, for the two proposed designations, the Planning Department has also been given direction to prepare Design Guidelines to be presented with the Historic Designation Reports. Per Ms. Tackett, the process of preparing Design Guidelines will take longer and will likely add another few months onto the process. Sec.1 18-591(d) of the City Code states: Timeframes for preparing designation reports. The applicant or the planninq department shall have up to one vear, from the date the historic preseruation board votes to instruct staff to preoare either an evaluation and recommendation. or a desiqnation report, to prepare such evaluation and recommendation. or desiqnation report and present it to the board for consideration. unless a different timeframe is set pursuant to subsection (b) above. lf either the evaluation and recommendation, or desiqnation report is not completed within such time periods, the applicant or the planninq depaftment mav request aporoval from the citv commission for additional periods of six months or less within which to complete the evaluation and recommendation, or desiqnation report." The Historic Preservation Board will then review the reports and make a recommendation on the Historic Designations to the City Commission. After the Historic Preservation Board issues a recommendation, the Designation Reports will be transmitted to the Planning Board. The Planning Board reviews the applications and makes a recommendation to the City Commission. The proposed Historic Districts are then reviewed by the City Commission at two (2) readings of an Ordinance, and mav adoot. modifv or denv the orooosed local historic districts at this time. Due to the upcoming Thanksgiving Holiday, and in an effort to ensure maximum participation and discussion, I recommend that a special meeting of the City Commission be scheduled for the first week in December. For any further information, please contact my aide, Cilia Maria Ruiz-Paz, at extension 6437. Page 902 of 930 25 THIS PAGE INTENTIONALLY LEFT BLANK 26 New Business and Gommission Requests'R9 AB AAIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Michael Grieco DATE: November 9,2016 SUBJECT: DISCUSSION REGARDING THE CITY'S POLICY AS lT RELATES TO CITY EMPLOYEES CONTRACTING COMMUNICABLE DISEASES WHILE WORKING; PAID LEAVE TIME, WORKERS COMPENSATION, ETC. ANALYSIS Please add a discussion item regarding the City's policy as it relates to City employees contracting communicable diseases wfrile working; paid leave time, workers compensation, etc. Leoislative Trackinq Commissioner Michael Grieco Page 903 of 930 27 THIS PAGE INTENTIONALLY LEFT BLANK 28