20160713 AAAfter Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 1
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
July 13, 2016
Mayor Philip Levine
Commissioner John Elizabeth Alemán
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas/video streaming of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, 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 Office of the City Clerk. Questions regarding the provisions of the Code should be
directed to the Office of the City Attorney.
To request this material in alternate format, sign language interpreter (five -day notice required),
information on access for persons with disabilities, and/or any accommodation to review any
document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for
English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service).
In order to ensure adequate public consideration, if necessary, the Mayor and City Commission may
move any agenda item to an alternate meeting date. In addition, the Mayor and City Commission
may, at their discretion, adjourn the Commission Meeting without reaching all agenda items.
Meeting called to order at 8:33:00 a.m.
9:09:14 a.m.
Mayor Levine asked for a moment of silent meditation in honor of all the victims of the horrible
tragedies that we have seen across our country in the past week, especially in Dallas, Texas
involving the loss of Police Officers.
Inspirational Message given by Rafael E. Granado, City Clerk.
Pledge of Allegiance led by Mitch Novick.
ADDENDUM MATERIAL 1:
C6F
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 2
ADDENDUM MATERIAL 2:
R7FF R7GG R9V
SUPPLEMENTAL MATERIAL 1:
C7L Revised Memorandum & Resolution
C7T Resolution & Attachment
R5R Memorandum & Ordinance
R7K Memorandum & Resolution
R7X Revised Memorandum & Resolution
SUPPLEMENTAL MATERIAL 2:
C2B Memorandum
C7R Memorandum
R5P Memorandum & Ordinance
SUPPLEMENTAL MATERIAL 3:
C7F Memorandum & Resolution
R7GG Attachment
9:12:44 a.m.
City Clerk’s Note:
Pursuant to Ordinance 2015-3954, Sec. 2-12(3), addendum agenda items C6F, R7FF, R7GG and R9V
have been approved by Mayor Levine to be placed on the Commission Agenda. No additional vote is
required.
Sec. 2-12(3) Reads:
Addendum agenda items – Any item not included in the agenda submitted to the Mayor and City
Commission on the initial print day must be submitted by the City Clerk to the Mayor for a determination
whether the item is to be placed on the Agenda as an addendum item. If the Mayor declines to place the
item on the agenda as an addendum item, then the item shall be submitted to the City Commission for a
vote and the item shall only be considered at the City Commission Meeting upon a finding by the City
Commission, by a five-seventh (5/7th) affirmative vote.
9:10:35:00 a.m.
Rafael E. Granado, City Clerk, announced and read into the record, the following corrections, notations ,
deferrals, withdrawals and separations to the Agenda:
CORRECTION:
Item R7S, on Page 969, first full paragraph, third/fourth line, delete r eference to “revenue operation” and
replace with “testing phase.”
NOTATIONS:
Commissioner John Elizabeth Alemán was added as Co-Sponsor of item R5K and Sponsor to item C7B.
Commissioner Ricky Arriola was added as Co-Sponsor to items C7B and R5K.
Vice-Mayor Grieco was added as Co-Sponsor to items C4L and R5T.
Commissioner Joy Malakoff was added as Co-Sponsor to items C7U and R9C.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 3
Item R5S has been moved to R9W as a Discussion item: “Discuss Chapter 142, Regulations For
Alcoholic Beverage Establishments on Ocean Drive Between 5th And 15th Streets.” The First Reading of
the Ordinance will occur on September 14, 2016.
DEFERRAL:
Item R7EE
ITEMS WITHDRAWN:
C2A R5F1 R5F2 R5N1 R5N2 R7V R9O
ITEMS SEPARATED:
C7C and C7J separated by Mayor Philip Levine
C4J, C7F and C4M separated by Commissioner John Alemán
C4P and C7L separated by Commissioner Ricky Arriola
C4C separated by Commissioner Joy Malakoff
C4J and C4I separated by Commissioner Kristen Rosen Gonzalez
C4I separated by Vice-Mayor Michael Grieco
Recess for lunch at approximately 12:00 p.m.
CONSENT AGENDA
9:14:03 a.m.
Motion made by Commissioner Malakoff; seconded by Vice-Mayor Grieco to approve the Consent
Agenda, except for separated items. Voice-vote: 7-0.
C2 - Competitive Bid Reports
C2A Request For Approval To Issue A Request For Qualifications (RFQ) No. 2016-157-KB For
Architectural And Engineering Design Services For Iconic Crosswalk.
(Sponsored by Commissioner Ricky Arriola)
(Legislative Tracking: Procurement/Transportation)
ACTION: Item withdrawn.
SUPPLEMENTAL MATERIAL 2: MEMORANDUM
C2B Request For Approval To Issue Request For Proposal (RFP) No. 2016-148-ND For
Standardization Of Variable Frequency Drives In The City’s Pump Stations.
(Procurement/Public Works)
ACTION: Request approved. Alex Denis and Eric Carpenter to handle.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 4
C2C Request For Approval To Issue A Request For Proposals (RFP) No. 2016-166-KB For
Design/Build Services For Right Of Way Infrastructure Improvement Program For Neighborhood
No. 5: La Gorce Neighborhood.
(Procurement/Public Works)
ACTION: Request approved. Alex Denis and Eric Carpenter to handle.
C2D Request Approval To Exercise Term Renewal Options On Contracts For Routine Operational
Requirements.
(Procurement)
ACTION: Request approved. Alex Denis to handle.
C2E Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 2016-128-KB
For Middle Beach Recreational Corridor (MBRC) Phase II - Section 1 (From 53rd Street To 64th
Street).
(Procurement/Capital Improvement Projects)
ACTION: Request approved. Alex Denis and David Martinez to handle.
C2F Request Approval To Issue Request For Qualifications (RFQ) 2016-152-WG For Real Estate
Brokerage Services.
(Procurement/Tourism, Culture & Economic Development)
ACTION: Request approved. Alex Denis and Max Sklar to handle.
C2G Request For Approval To Issue A Request For Qualifications (RFQ) No. 2016-170-KB For Global
Positioning System (GPS) Tree Inventory Services.
(Procurement/Environment & Sustainability)
ACTION: Request approved. Al ex Denis and Elizabeth Wheaton to handle.
C2H Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 2016-144-KB
For Construction Services For Surface Lot (1A) P2- Penrods.
(Procurement/Capital Improvement Projects)
ACTION: Request approved. Alex Denis and David Martinez to handle.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 5
C4 - Commission Committee Assignments
C4A Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding Partnership
With Miami-Dade College And Miami-Dade County Public Schools For The Expansion Of Dual
Enrollment Options To Nautilus Middle School And Miami Beach Senior High School.
(Organization Development Performance Initiatives)
ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. Dr. Leslie
Rosenfeld to handle.
C4B Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding Potentially
Renaming North Shore Open Space Park.
(Sponsored by Commissioner John Elizabeth Alemán)
ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. John Rebar to
handle.
9:31:55:00 a.m.
C4C Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding Creating
An “Adopt-A Bench Program,” Similar To The Central Park Model, Where Across The City People
Can Buy And Name Benches As A Way To Finance The Beautification Of Parks And Other
Extras.
(Sponsored by Commissioner Kristen Rosen Gonzalez)
ACTION: Item referred. Item separated by Commissioner Malakoff. Motion made by Vice-Mayor
Grieco; seconded by Commissioner Rosen Gonzalez; Voice vote: 6-1; Opposed: Commissioner
Malakoff. Morgan Goldberg to place on the Committee Agenda. John Rebar to handle.
Commissioner Malakoff stated that a former City Commission discussed having a tree program,
in which people could adopt a tree, and a plaque would then be placed by the tree, and or park
bench. She was opposed to this project then, and she opposes it now. She believes that putting
plaques on benches will not be good for the City, and in fact, it commercializes the City’s green
spaces. She would prefer a plaqueless program that would allow people to purchase and plant
trees in public parks and spaces in honor of a person or event, and thereafter receives a
certificate.
Commissioner Rosen Gonzalez stated that plaques in New York City are done tastefully, and
mean a great deal to people, because most of the time they are purchased in memory of
someone dear. Additionally, New York City charges $10,000 per bench. This could be an easy
way for the City to raise money for its parks.
Commissioner Arriola agrees that the item should be explored, and does not see controversy in
the item, so long as it is done tastefully.
Mayor Levine respectfully disagreed with Commissioner Malakoff on this item, and believes park
bench plaques are a good idea.
Commissioner Arriola shared his experience running through New York City’s Central Park, and
appreciating the City’s park benches with their respective plaques.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 6
Vice-Mayor Grieco thinks this item is appropriate, and is happy to move it.
C4D Referral To The Planning Board To Analyze And Provide The City Commission A
Recommendation Relating To An Additional Modification To The Sign Code.
(Sponsored by Commissioner Ricky Arriola)
ACTION: Item referred. Thomas Mooney to place on the Board Agenda and to handle.
C4E Referral To The Planning Board - Proposed Ordinance Amendment Pertaining To Demolition
Procedures For Single Family Homes.
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
ACTION: Item referred. Thomas Mooney to place on the Board Agenda and to handle.
C4F Referral To The Planning Board - Proposed Ordinance Amendment Pertaining To Alcoholic
Beverage Establishments In The CD-3 District On 41st Street.
(Sponsored by Commissioner John Elizabeth Alemán)
(Legislative Tracking: Planning)
ACTION: Item referred. Thomas Mooney to place on the Board Agenda and to handle.
C4G Referral To The Planning Board - Proposed Ordinance Amendment Pertaining To Alcoholic
Beverage Establishments In The Sunset Harbor Neighborhood.
(Sponsored by Vice-Mayor Michael Grieco)
(Legislative Tracking: Planning)
ACTION: Item referred. Thomas Mooney to place on the Board Agenda and to handle.
Handouts and Reference Materials:
1. Email from bruce.backman@yahoo.com dated July 8, 2016 RE: Commission agenda 7/13/16 item
C4G proposed Ordinance amendment Sunset Harbour.
2. Email from bruce.backman@yahoo.com dated July 8, 2016 at 10:13 AM, RE: Commission agenda
7/13/16 item C4G proposed Ordinance amendment Sunset Harbour.
3. Email from bruce.backman@yahoo.com dated July 8, 2016 at 10:46 AM, RE: Commission agenda
7/13/16 item C4G proposed Ordinance amendment Sunset Harbour.
C4H Referral To The Planning Board - Proposed Ordinance Amendment Pertaining To Revisions To
The CANDO District In Collins Park.
(Sponsored by Commissioner Ricky Arriola)
(Legislative Tracking: Planning)
ACTION: Item referred. Thomas Mooney to place on the Board Agenda and to handle.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 7
9:29:10 a.m.
C4I Referral To Planning Board - An Ordinance Amending Chapter 114 Of The City Code, Entitled
“General Provisions,” Section 114-1, “Definitions,” To Define Package Stores; And Amending
Chapter 142, “Zoning Districts And Regulations,” Article II, “District Regulations,” Division 13,
“MXE Mixed Use Entertainment District,” By Amending Section 142-544 Thereof, Entitled
“Prohibited Uses,” To Prohibit Package Stores In The MXE District; And Providing For Repealer,
Severability, Codification, And An Effective Date.
(Sponsored by Commissioner Ricky Arriola)
ACTION: Dual referred to the Planning Board and the Land Use & Development Committee. Item
separated by Vice-Mayor Grieco and Commissioner Rosen Gonzalez. Motion made by Vice-
Mayor Grieco; seconded by Commissioner Alemán; Voice vote: 7-0. Thomas Mooney to place
on the Board Agenda and to handle.
Vice-Mayor Grieco asked Commissioner Arriola why this item was not going to the Land Use &
Development Committee Process.
Commissioner Arriola replied that he agrees the item should go to Land Use as a dual referral.
Vice-Mayor Grieco stated that he would like the City Commission to look into the separation
distance between liquor stores, because the distance between these types of stores in Miami
Beach is 1/5th the distance allowed in the City of Miami.
Commissioner Rosen Gonzalez mentioned her experience walking on Ocean Drive passing the
Ninth Street liquor store, and seeing several arrests being made. She would like this particular
liquor store to be shutdown. Additionally, she congratulated Commissioner Arriola for having the
item referred to both the Planning Board and the Land Use & Development Committee.
Mitch Novick agreed that liquor stores are problematic on Ocean Drive, but the biggest positive
impact in the area would be to reduce the noise, and begin enforcing vehicular noise infractions.
9:15:37 a.m.
C4J Referral To The Finance And Citywide Projects Committee To Discuss Future Uses Or The
Potential Sale Of Vacant City-Owned Land Located At 226 87th Terrace.
(Sponsored by Vice-Mayor Michael Grieco)
ACTION: Item deferred. Item separated by Mayor Levine and Commissioners Alemán and Rosen
Gonzalez. Motion made by Commissioner Alemán; seconded by Vice-Mayor Grieco to defer the
item to the September 14, 2016 City Commission Meeting; Voice vote: 7-0. Office of the City
Attorney to handle.
Mayor Levine asked for clarification on the item.
Vice-Mayor Grieco stated that the reason he is referring the item is that a group has expressed
interest in building a low-rise retail space on City property whether by a joint venture with the City,
or a purchase of the City land. He currently does not have an opinion on the matter, but is simply
referring it.
Commissioner Rosen Gonzalez suggested waiting until the North Beach Master Plan is
approved. She wants to make sure the City gets the right price for the land given that it is 15,000
square feet.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 8
Commissioner Alemán believes that any time there is a potential of public property being sold it
must be discussed.
Discussion held.
Commissioner Malakoff agreed to wait until the North Beach Master Plan is presented before
discussing this item.
Mayor Levine suggested deferring the item until the September 14, 2016 Commission Meeting.
C4K Referral To The Land Use And Development Committee - Discuss Potential Ordinance
Amendment Addressing Further Restrictions On Illegal Short Term Rentals (STR) In Suite And
Condo Hotels.
(Sponsored by Vice-Mayor Michael Grieco)
ACTION: Item referred. Thomas Mooney to place on the Committee Agenda. Hernan
Cardeno to handle.
C4L Referral To The Land Use And Development Committee A Discussion Regarding An Amendment
To The West Avenue Overlay To Remove The Current Allowance For Bed And Breakfast And
Suite Hotel Uses.
(Sponsored by Commissioner Joy Malakoff and Co-Sponsored by Vice-Mayor Grieco)
ACTION: Item referred. Thomas Mooney to place on the Committee Agenda and to handle.
9:26:07 a.m.
C4M Referral To The Neighborhood/Community Affairs Committee (NCAC) Regarding A Functional Art
Park Incorporating A Non-Traditional Thematic Playground.
(Sponsored by Commissioner John Elizabeth Alemán)
ACTION: Item referred. Item separated by Commissioner Alemán. Motion made by
Commissioner Alemán; seconded by Vice-Mayor Grieco to refer the item; Voice vote: 7-0.
Morgan Goldberg to place on the Committee Agenda. John Rebar to handle.
Commissioner Alemán explained that the reason she separated the item, is that there is a related
item on R9Q; she agrees to refer or discuss.
Motion to refer.
No further discussion held.
C4N Referral To The Neighborhood/Community Affairs Committee To Discuss Changing The Name Of
Banyan Park To Tolerance Park.
(Sponsored by Commissioner Ricky Arriola)
ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. John Rebar to
handle.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 9
C6 - Commission Committee Reports
C6A Report Of The June 3, 2016 Finance And Citywide Projects Committee Meeting: 1. Discussion
Regarding An Ordinance Amending Chapter 18 Of The City Code, Entitled “Businesses,” By
Adding Article XVII, Entitled “City Minimum Living Wage,” To Provide For Implementation Of A
City-Wide Minimum Hourly Wage; And Amending Chapter 102 Of The City Code, Entitled
“Taxation,” By Amending Section 102-371, Entitled “Application Procedures[,]” By Adding A
Subsection Entitled “(j) Compliance With City Minimum Living Wage” And Providing For
Repealer, Severability, Codification, And An Effective Date.
ACTION:
At a specially set meeting on June 3, 2016, members of the Committee heard expert testimony,
testimony from the public and City staff, and considered supporting documents entered into the
legislative record. At the conclusion of that hearing, the members of the Committee made
findings, unanimously endorsed the Ordinance, and returned it to the full commission for Second
Reading.
The current minimum wage is $8.05 per hour, as mandated by the State of Florida's Minimum
Wage Act. The Ordinance would raise this rate to $13.31 per hour by 2020, the rate currently
mandated for employees of City contractors pursuant to the City's Living Wage Ordinance (as
codified in Miami Beach City Code §2-408). The City's minimum living wage would be set at
$10.31 per hour beginning in 2017, with one dollar an hour increases every year until the rate of
$13.31 was reached on June 30, 2020.
C6B Report Of The June 6, 2016 Finance And Citywide Projects Committee Meeting: 1. General Fund
CSL Update And Proposed Millage Rate; 2. Review Of Light Rail/Street Car Project. 3. Review Of
Proposed Capital Budget. 4. Proposed Uses Of Law Enforcement Trust Funds.
ACTION:
1. General Fund CSL Update And Proposed Millage Rate.
The preliminary Current Service Level (CSL) based on June 1st property values has a revenue
increase of $17.8 million and an expenditure increase of $13.5 million for a net surplus of $4.3
million. The CSL will be updated again following the distribution of the certified taxable values by
the Property Appraiser on July 1st. At the July 13th, 2016 Commission meeting, the Commission
will set the proposed millage rate for the FY 2016/17 budget process per the State's Truth-in-
Millage (TRIM) requirements.
2. Review of Light Rail/Modern Street Car Project
Funds from available balances as of September 30th 2015 were identified for capital Milestone
Payments for the Project. Resort Tax, City Center RDA Non Tax Increment funds, and
Transportation Concurrency Management Funds were identified as having funds available for
appropriation that were eligible for this use. The impacts of the following capital appropriations on
other potential projects to be funded will be presented to the Finance and Citywide Projects
Committee as part of the prioritization of capital projects:
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 10
Resort Tax 2% $ 10.0 million
City Center Parking Garage/Shops
Surplus Funds*
13.0 million
City Center RDA Other Non-Tax
Increment Funds*
8.0 million
Transportation Concurrency
Management Funds
5.0 million
Total $ 36.0 million
* These funds are not tax increment funds and are not part of the interlocal
agreement with Miami Dade County, however, they must be used for portions
of the project within the City Center RDA
In addition, the following revenue streams were identified as possible sources to address the
annual Availability Payment.
Resort Tax 2% $ 1.5 million
Resort Tax 1% - South Beach Quality of Life 1.0 million
People's Transportation Tax (PTP) Funds 3.0 million
Total $ 5.5 million
State and County funding has been assumed at the level that would typically be provided for this
type of project at the same level they would provide had the Project achieved Federal funding
(25% each), and as allowed under State law for capital costs.
State (Phase 1: 12.5%; Phase 2: up to 50% to average
at 25%)
$ 96.88 million
County 25% 96.88 million
Total $ 193. 76 million
There remains a gap between $2 million and $18 million per year, depending on the
implementation of special assessments and partial use of funds currently committed to the RDA
once the RDA expires. Tolls on key roads that provide transportation onto Miami Beach can be
considered to provide annual funding for the Project.
The resiliency-related scope of work is estimated at $25 million and is proposed to be funded
from the $14 million in Storm water proceeds in 2018 and $11 million in 2014 Miami-Dade County
lnterlocal agreement funds to be received in 2017.
3. Review of Proposed Capital Budget
Renewal & Replacement is funded by dedicated millage rate:
General Fund 5.6009 mills
Renewal & Replacement 0.1083 mills
Operating Millage Rate 5.7092 mills
– Millage rate generated $2.7 million in FY 2015/16
– FY 2016/17 assumes $3 million in revenue generation
– Project requests total $8.3 million
The proposed project specific appropriations for FY 2016/17 for all Funds, including the General
Fund Capital Renewal and Replacement Fund are as follows:
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 11
The current dedicated millage of 0.1083 mills (as of FY 2015/16) is estimated to generat e
$3,053,235 for the General Fund Capital Renewal and Replacement Fund based on a preliminary
13.5 percent increase in property values. This amount will be updated once final property values
are received from the Property Appraiser on July 1st. Revenue of $3,591,324 is available for
funding FY 2016/17 General Fund renewal and replacement projects, as compared to $8,319,043
requested in projects. At this time, $2,073,672 of projects is recommended with the remaining
amount of $1,517,562 still available for appropriation.
The updated information was provided to the Commission at the meeting. The funds listed
b elow also have recommended renewal and replacement projects and are anticipated to
have sufficient available funding for the projects.
Parking fund - Capital Renewal and Replacement > $25,000: eleven projects totaling
$2,311,341
RDA fund - Capital Renewal and Replacement > $25,000: six projects totaling $1,240,000
The Committee noted the following items:
Police Facilities
Police Station Building
– New Generator: $425,000
– Emergency battery pack Light Renewal $72,000
General Facilities
777 Building – Elastomeric Coating renewal: $85,500
Bass Museum – Fire Alarm System: $167,000
Fire Facilities
Fire Station #2 – Fire Alarm System: $113,000
Fire Station #3 – Emergency Power System : $99,000
Fire Station #1 – F2020 - Hazardous Components: $44,000
Park Facilities
Scott Rakow
– Security System: $57,000
– Aluminum Windows: $446,000
– Fire Alarm System: $180,000
South Shore Community Center
– Switch Gear: $41,000
– Electrical Distribution Renewal: $160,000
– Fire Alarm Systems: $112,000
Funding for the Information Communications Technology Projects funded from the General Fund
for the FY 2016/17 proposed projects total $534,000 to be funded by a transfer of $395,000
(same amount as FY 2015/16) from the General Fund to the Information & Communications
Technology Fund and the remaining balance of $139,000 will be funded by fund balance. Below
is a summary of the proposed projects.
– Centralized Video Storage Solution: $169,000
– Control Room SD & HD Upgrade - Storage Additions: $120,000
– Miami Beach Rising Above Web Portal: $120,000
– Parks & Recreation Software: $75,000
– Audit Management Software: $39,000
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 12
– Power Document Management Software: $11,000
Convention Center: The total funding of $603.3 million for the project is broken down as follows:
– County G.O. Bonds previously appropriated $54.4 million
– 1% Resort Tax Bonds: $216.6 million
– RDA Bonds: $267.5 million
– Parking Bonds: $64.8 million
City Center RDA: The RDA extension agreement with the County in FY 2014/15 extends the RDA
through 2044 and eliminated funding for additional capital projects in future out years. The net
surplus funds after operating expenses are to be used to cover debt service payments for the
Convention Center bonds.
South Pointe Capital: County agreement payment schedule assumes 3.5 percent increase in
taxable value. Funds are earmarked for Stormwater projects.
FY 2016 188,000
FY 2017 5,319,000
FY 2018 15,056,000
FY 2019 11,862,000
FY 2020 7,419,000
FY 2021 15,633,000
FY 2022 5,975,000
Quality of Life Funds: Funded by 1 percent Resort Tax revenues and are earmarked for tourism -
related projects covering 3 geographic areas: North, Mid, South beaches (15% or $2,085,000
each). Also includes allocations for Arts (10% or $1,391,000) and Transportation (45% or
$6,256,000) projects for a total of $13,902,000.
North Beach proposed projects:
– Rue Vendome Public Plaza; $1,000,000
– Allison Park: redesign; $832,000
– North Shore Tennis Center Proshop/Office; $512,000
– Street Lighting Improvements; $333,000
– Kayak Launch Docks; $275,000
– Lifeguard Stands replacement; $240,000
– North Beach Streetscape: pilot project; $230,000
– 81st Street Bridge: pedestrian area; $150,000
– North Shore Tennis Court: sounds barrier walls; $125,000
– Bonita Drive: street end improvements; $100,000
– Collins & Harding Avenue: alleyway reconstruction; $100,000
– North Beach Bridges: painting and lighting; $60,000
– North Shore Park Playground: safety surface; $47,000
– Standardized Park benches, picnic tables and trash receptacles; $27,000
– 71st Eastern Street End: improvement design study; $25,000
Mid Beach proposed projects:
– Middle Beach Recreation Corridor: phase III; $2,200,000
– Muss Park Facility; $1,400,000
– Lifeguard Stands replacement; $240,000
– Indian Beach Playground Replacement; $229,000
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 13
– Miami Beach Golf Course: golf cart staging area enhancement; $65,000
– Miami Beach Golf Course: front-end loader; $49,000
– Standardized Park benches, picnic tables and trash receptacles; $30,000
South Beach proposed projects:
– Española Way Conversion between Washington; $1,978,813
– Lifeguard Stands replacement; $720,000
– Ocean Drive Extended Sidewalk Projects; $405,000
– Street Lighting Improvements; $333,000
– South Beach Pedestrian Priority Zones; $300,000
– Maurice Gibb Park: floating dock; $177,000
– Lummus Park Muscle Beach Upgrade; $125,000
– Botanical Gardens: additional new lighting; $30,000
– Standardized Park benches, picnic tables and trash receptacles; $28,000
The People’s Transportation Plan was imposed in 2002 and is funded by the Half-Cent Transit
sales tax where 20 percent of proceeds are distributed directly to municipalities on a pro-rata
basis. Funds are used for local transportation and transit projects. A minimum of 20% of the City’s
PTP share must be allocated for transit. In FY 2015/16, PTP funding was projected to be $3.89
million, which is used to operate the South Beach Local, North and Mid Beach Trolleys. $930,000
from fund balance is proposed for the following projects:
– West Avenue Protected Bike Lanes; $530,000
– 72nd Street Protected Bike Lane; $200,000
– 73rd Street Protected Bike Lanes; $200,000
A breakdown of projects funded by other funds includes:
Art in Public Places
– AIPP Convention Center Renovation; $6.25 million
Concurrency Mitigation
– Light Rail/Modern Streetcar; $5 million
Parking Impact Fees
– Parking Garage Washington & 10th; $4.2 million
– New Garage 2660 Collins Ave; $630,000
Resort Tax Fund (2%)
– Light Rail/Modern Streetcar; $10 million
Non-TIF RDA
– Light Rail/Modern Streetcar; $8 million
– City Center Resiliency Enhancement; $1 million
RDA – Garage Funds
– Light Rail/Modern Streetcar; $7 million
RDA – Anchor Shops
– Light Rail/Modern Streetcar; $6 million
Programming to expend General Obligation (GO) bond fund balances
– 2003 Parks & Beaches
• Park View Islands; $197,838 (reassigned from PAYGO)
– 2003 G.O. Bonds – Neighborhood Improvements
• Central Bayshore – South; $576,000
• Two Way Conv of 42nd St - Sheridan Ave to Pinetree; $510,000
• Bayshore Neighborhood - Bid Pack A; $173,738 (reassigned from PAYGO)
• 42nd Street Green Bicycle Lanes Painting / Striping; $150,000
• Bay Drive Neighborhood Greenway; $100,000
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 14
Pay-As-You-Go (PAYGO): Funded from the General Fund at $2.4 million annually (allocation was
Increased from $1.4 million to $2.4 million in FY 2015/16) and was previously funded at as high
as $7.5 million. PAYGO ensures adequate on-going reinvestment in capital plant and equipment,
has no restrictions, and is used after all other funding sources exhausted.
Recommended project highlights:
– Aluminum Street lighting Pole Replacement: $1,000,000
– Fairway Park: $1,000,000
– Soundscape Park Concession: $800,000
– Citywide Park Irrigation System Upgrade: $170,000
– Office of Communications Remodel: $150,000
– Ocean Rescue 79st Sub Headquarters Trailer Replacement: $150,000
– Neighborhood Basketball Court Renovation: $67,000
– Sky Watch Tower Refurbish: $61,000
– Neighborhood Tennis Court Renovations: $39,000
– Palm Island Tennis Court Fencing: $32,000
Need for additional PAYGO funding continues as neighborhood improvement projects costs have
increased over time, Stormwater projects are generating needs for above ground projects for
lighting, landscaping, sidewalks, signage, traffic markings. Additionally, Lighting and Crime
Prevention through Environmental Design (CPTED) improvements in non-tourist areas (park
projects in non-tourist areas, seawalls) will have funding needs.
4. Proposed Uses of Law Enforcement Trust Funds
The September 30, 2015 available balances, net of FY 2015/16 appropriations and revenue
collections are approximately $387,000 in Federal Funds and $545,000 in State Funds. Of these
available balances, the FY 2016/17 request from Federal funds totals $215,000 and $87,000 from
State funds for a total of $302,000.
The City administration is recommending funding for proposed FY 2016/17 uses of Law
Enforcement Trust Funds as shown below:
Proposed use of Federal Funds:
Organizational Development Travel & Off-site testing $ 70,000
Training Supplement to supplement LETTF 70,000
Bulletproof Vest Partnership 50,000
Graffiti eradication through Teen Job Corp. 25,000
Gym Equipment
Total Funds $ 215,000
Proposed use of State Funds:
Cost connected with the prosecution/processing of
forfeitures.
$20,000
Crime Prevention initiatives & School Liaison Projects 20,000
AR Rifle Program/initiative-
City’s match for reimbursement of rifles at $500
15,000
15% of State funds collected in FY15 to be used for
drug abuse treatment, drug and crime prevention
education and non-profit community based programs.
22,000
Gym Equipment 10,000
Total Funds $ 87,000
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 15
C6C Report Of The June 10, 2016 Neighborhood/Community Affairs Committee Meeting: 1.
Discussion Regarding Citywide Street Light And Coverage Audit. 2. Discussion Regarding
Proposed Site Options For New Fire Station No. 1. 3. Discussion Regarding The Possible
Addition Of A Skate Park In North Shore Open Space Park 4. Traffic Management Alternatives
Discussed At The February 24, 2016 Commission Workshop On Traffic Management - Corridor
Optimization For Traffic Signals Along Harding Avenue/Abbott Avenue/Indian Creek Drive. 5.
Discussion Regarding I-95 Express Lane Access To The Julia Tuttle Causeway. 6. Discussion
On Battle At The Beach. 7. Monthly Crime Update. 8. Discussion Regarding Mitch Novick’s
“Minority” Report, And Recommendation Concerning The Deterioration Of The Quality Of Life In
The MXE District, Ocean Drive, Collins Avenue And The Surrounding Neighborhood. 9. Six
Proposed Art In Public Places (AiPP) Projects For Placement At The Miami Beach Convention
Center Renovation And Expansion Project (Miami Beach Convention Center Project). 10.
Discussion On The Condition Of Miami Beach Sidewalks. 11. Discussion On The Possibility Of
Making Improvements/ Enhancements To The Police North Beach Sub Station Also Known As
The NESS. 12. Discussion Regarding Healthier Snacks In Our Vending Machines. 13. Discuss
The Installation Of Sunscreen Dispensers In All Parks And Pools Where Children Programs Are
Managed By The City. 14. Presentation And Discussion On The City Of Miami Beach Intelligent
Transportation System And Smart Parking System Project. 15. Discussion Regarding The Use Of
Auto Return’s Tow Technology On Miami Beach. 16. Discussion Regarding Miami Beach United
(MBU) “Residents’ Right To Know” Proposal. 17. Discussion Regarding Renaming Convention
Center Drive To “Muhammad Ali Drive” And Authorizing The Creation Of A Statue Of Muhammad
Ali To Be Place Either In The New Miami Beach Convention Center (Miami Beach Convention
Center) Park Or Inside The Renovated Miami Beach Convention Center.
ACTION:
1. Discussion Regarding Citywide Street Light And Coverage Audit.
MOTION: Vice-Mayor Steinberg motioned to start the procurement process that was explained to
get the best deal for the City. Commissioner Rosen Gonzalez seconded. All in favor.
2. Discussion Regarding Proposed Site Options For New Fire Station No. 1.
MOTION: Vice-Mayor Steinberg motioned for this to come back to the July 2016
Neighborhood/Community Affairs Committee (NCAC) Meeting with the recommendations that
Commissioner Malakoff said including the analysis of the current site and giving the Fire
Department what they need, not taking away greenspace, and causing the least disruption. Vice-
Mayor Grieco seconded.
3. Discussion Regarding The Possible Addition Of A Skate Park In North Shore Open Space Park
DIRECTION: Come back to the September 2016 Neighborhood/Community Affairs Committee
(NCAC) meeting, unless something comes up in the interim.
4. Traffic Management Alternatives Discussed At The February 24, 2016 Commission Workshop
On Traffic Management - Corridor Optimization For Traffic Signals Along Harding Avenue/Abbott
Avenue/Indian Creek Drive.
DIRECTION: Come back to the September 2016 Neighborhood/Community Affairs Committee
(NCAC) Meeting.
5. I-95 Express Lane Access To The Julia Tuttle Causeway.
NO ACTION TAKEN
6. Discussion On Battle At The Beach.
DIRECTION: Come back to the July 2016 Neighborhood/Community Affairs Committee (NCAC)
Meeting.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 16
7. Monthly Crime Update.
NO ACTION TAKEN
8. Mitch Novick’s “Minority” Report, & Recommendation Re: Deterioration Of Quality Of Life In
The MXE District, Ocean Drive, Collins Ave & Surrounding Neighborhood.
MOTION: Commissioner Rosen Gonzalez motioned to have the park rangers expanded to
Lummus Park. Vice-Mayor Steinberg seconded.
VOTE OF ACCALAMATION TO MOVE THIS TO THE COMMISSION AS A DICUSSION ITEM
REGARDING THE Neighborhood/Community Affairs Committee (NCAC)
RECOMMENDATION ON IMMEDIATE LAW ENFORCEMENT ENHANCEMENTS AS
DISCUSSED
9. Six Proposed AiPP Projects For Placement At The Miami Beach Convention Center
Renovation/Expansion Project. MOTION: Commissioner Rosen Gonzalez motioned to move this
to the Commission for approval. Vice-Mayor Grieco seconded. All in favor.
10. Discussion On The Condition Of Miami Beach Sidewalks.
DIRECTION: Defer to July 15, 2016 Neighborhood/Community Affairs Committee (NCAC)
Meeting.
11. Possibility Of Making Improvements/Enhancements To Police North Beach Sub Station
(NESS).
VOTE OF ACCLAMATION TO MOVE TO THE FULL COMMISSION WITH
RECOMMENDATION TO EXPLORE OPTIONS
12. Discussion Regarding Healthier Snacks In Our Vending Machines.
DIRECTION: Defer to July 15, 2016 Neighborhood/Community Affairs Committee (NCAC)
Meeting.
13. Installation Of Sunscreen Dispensers In Parks & Pools Where Children Programs Are
Managed By The City.
DIRECTION: Defer to July 15, 2016 Neighborhood/Community Affairs Committee (NCAC)
Meeting.
14. The CMB Intelligent Transportation System And Smart Parking System Project.
MOTION: Vice-Mayor Steinberg motioned to move this to the full Commission with the
recommendations that were made. She would like to discuss some things between now and the
next Commission Meeting. Vice-Mayor Grieco seconded. All in favor.
15. Discussion Regarding The Use Of Auto Return’s Tow Technology On Miami Beach.
DIRECTION: Defer to July 15, 2016 Neighborhood/Community Affairs Committee (NCAC)
Meeting.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 17
16. Discussion Regarding Miami Beach United (MBU) “Residents’ Right To Know” Proposal.
DIRECTION: Defer to July 15, 2016 Neighborhood/Community Affairs Committee (NCAC)
Meeting.
17. Renaming Convention Center Drive To “Muhammad Ali Drive” & Authorizing The Creation Of
A Statue Of Muhammad Ali To Be Place Either In The New Miami Beach Convention Center Park
Or Inside The Renovated Miami Beach Convention Center.
DIRECTION: Defer to July 15, 2016 Neighborhood/Community Affairs Committee (NCAC)
Meeting.
C6D Report Of The June 15, 2016 Land Use And Development Committee Meeting: 1. Ordinance
Amendments For Transit Intermodal Facilities: A). CDMP Amendment Implementing The Transit
Intermodal Facilities Component Of The Transportation Master Plan; And B). Amendments To
The Land Development Regulations Of The City Code Regarding Height And Accessory Use
Requirements For Main Use Parking Structures And Transit Intermodal Facilities. 2. Discussion
Pertaining to Development Regulations And Guidelines for New Construction In the Palm View
Historic District To Address Resiliency, Sustainability and Adaptation. 3. Discussion Regarding
Future Rooftop And Deck Accessory Bar Uses In The Sunset Harbour Neighborhood. 4.
Discussion Regarding Incentivizing The Retention, Raising And/Or Relocation Of Historic/
Architecturally Significant Single Family Homes (SFH). 5. An Ordinance Amendment Pertaining
To Alcoholic Beverage Establishments In The CD-3 District On 41st Street, In Order To Address
Compatibility Issue With Surrounding Residential Districts. 6. Discussion Regarding A Proposed
Ordinance Change For North Beach Town Center Districts. 7. Discussion Regarding Revising
The Cultural Arts Neighborhood District Overly (CANDO). 8. An Ordinance Amending Chapter
142 Of The City Code As It Pertains To Alcoholic Beverage Establishments On The West Side Of
Alton Road And The South Side Of 17th Street. 9. Single Family Demolition Procedures. 10.
Proposed Miami Beach Marina Redevelopment and Associated Legislative Changes. 11.
Discussion Regarding The Recommendation Of The Neighborhood/Community Affairs
Committee To Establish More Aggressive Requirements For Employee Transportation Plans. 12.
CMB Preparations for Likely Passage of State Medical Marijuana Constitutional Amendment. 13.
An Amendment To Sec 142-1111 Of The City Code, To Address The Eligibility Requirements For
The Short-Term Rental Of Apartment Units Within The Collins Waterfront Local Historic District.
14. Discussion Regarding Exploring Limiting Package Store Alcohol Sales To Earlier Than 10:00
a.m., As Recommended By The Miami Beach Homeless Committee.
ACTION:
1. Ordinance Amendments For Transit Intermodal Facilities:
A). CDMP Amendment Implementing Transit Intermodal Facilities Component Of The
Transportation Master Plan; &
B). Amendments To The LDR Of The City Code RE: Height & Accessory Use Requirements
For Main Use Parking Structures And Transit Intermodal Facilities.
MOTION: 3/0 (JA-MG)
Recommend that the City Commission refer an Ordinance to the Planning Board via an R9
discussion item on July 13, 2016. The Ordinance shall include provisions for transit facilities as
both an accessory to a main use garage, as well as a main use, including applicable parking
requirements and a city designation as a transit facility.
City Clerk’s Note: See Agenda Item R5F1 and R5F2 (Note, these items have been withdrawn).
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 18
2. Development Regulations * Guidelines for New Construction In the Palm View Historic District
To Address Resiliency, Sustainability and Adaptation.
MOTION: Staff directed to coordinate outreach meetings with area residents. Item continued to
September 21, 2016 by Acclamation.
3. Future Rooftop And Deck Accessory Bar Uses In The Sunset Harbour Neighborhood.
MOTION: MG/JA (3-0)
Recommend that the City Commission refer the Ordinance to the Planning Board, with the
following revisions:
a. The rooftop portion of the regulations comport with the requirements in place for the area south
of Fifth Street;
b. Outdoor speakers be permitted to play ambient, background music;
c. An exceptions clause be added to the legislation
4. Incentivizing The Retention, Raising And/Or Relocation Of Historic/ Architecturally Significant
Single Family Homes (SFH).
MOTION: Continue to September 21, 2016 by Acclamation.
5. An Ordinance Amendment Pertaining To Alcoholic Beverage Establishments In The CD-3
District On 41st Street, In Order To Address Compatibility Issue With Surrounding Residential
Districts.
MOTION: JA/JM (2.0)
Recommend that the City Commission refer the Ordinance to the Planning Board, with and
exceptions clause.
6. Discussion Regarding A Proposed Ordinance Change For North Beach Town Center Districts.
MOTION: JA/MG (3-0)
Recommend approval of the Ordinance and that the entire TC-1 area be included, inclusive of the
setback requirements recommended by Dover Kohl.
7. Discussion Regarding Revising The Cultural Arts Neighborhood District Overly (CANDO).
MOTION: JA/MG (3-0)
Recommend that the City Commission refer the Ordinance to the Planning Board with
modifications to the north boundary, the non-amplified section of the Ordinance and that the
name be changed to the "Collins Park Arts District Overlay".
City Clerk’s Note: See Agenda Item C4H.
8. An Ordinance Amending Chapter 142 Of The City Code As It Pertains To Alcoholic Beverage
Establishments On The West Side Of Alton Road And The South Side Of 17th Street.
MOTION: Continue to July 20, 2016 by Acclamation.
9. Single Family Demolition Procedures.
MOTION: MG/JA (3-0)
Recommend that the City Commission refer the item to the Planning Board with a modification
that Florida Friendly materials be required in place of sod.
10. Proposed Miami Beach Marina Redevelopment and Associated Legislative Changes.
MOTION: JA/MG (3-0)
Defer the item to September 21,2016
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 19
11. Recommendation Of Neighborhood/Community Affairs Committee (NCAC) To Establish More
Aggressive Requirements For Employee Transportation Plans.
MOTION: Continue to July 20, 2016 by Acclamation
12. CMB Preparations for Likely Passage of State Medical Marijuana Constitutional Amendment.
MOTION: Continue to September 21, 2016 by Acclamation
13. An Amendment To Sec 142-1111 Of The City Code, To Address The Eligibility Requirements
For The Short-Term Rental Of Apartment Units Within The Collins Waterfront Local Historic
District.
MOTION: JA/MG (3-0)
Recommend that the Ordinance be approved by the Planning Board.
NOTE: This item was a dual referral to BOTH the Land Use & Development Committee and the
Planning Board.
14. Exploring Limiting Package Store Alcohol Sales To Earlier Than 10:00 a.m., As
Recommended By The Miami Beach Homeless Committee.
MOTION: 3-0 (MG/JM)
Recommend that a draft Ordinance be prepared and to continue the item to the July 20, 2016
meeting.
C6E Report Of The June 15, 2016 Sustainability And Resiliency Committee Meeting: 1) Mayor’s Blue
Ribbon Panel On Flooding And Sea Level Rise - Update. 2) Sustainability Committee - Update 3)
Resiliency Strategy - Update. 4) Discussion On Prohibiting Contractors From Using Roundup And
Other Chemicals Labeled As Carcinogens In Public Spaces. 5) Discussion On The Elimination
And/Or Phasing Out Of Gas-Powered Leaf Blowers. 6) Discussion On The Seabin Project As An
Option To Reduce Litter In The City's Waterways. 7) Discussion Regarding How Green
Infrastructure Including Living Or Hybrid Shorelines Can Complement Grey Infrastructure In Our
Climate Adaptation On Going Work. 8) Discussion To Consider Establishing A City Sustainable
Procurement Policy. 9) Discussion On Charging A 5¢ Fee On Plastic Bags Similar To That
Approved By The New York City Council. 10) Discussion On Stormwater Best Management
Practices. 11) Discussion On The City’s Anti-Idling Policy. 12) Discussion Regarding Exploring
The Use Of Triodetic's Tube And Hub Technology To Raise A Municipal Building As A Prototype
For Residents.
ACTION:
1) Mayor’s Blue Ribbon Panel On Flooding And Sea Level Rise - Update.
ACTION: No further action taken.
2) Sustainability Committee - Update
ACTION: No further action taken.
3) Resiliency Strategy - Update.
ACTION: No further action taken.
4) Prohibiting Contractors From Using Roundup & Other Chemicals Labeled As Carcinogens In
Public Spaces.
ACTION: Greenspace Division to present design concept in September with enhancements and
ideas for the City Hall area. Education and outreach signage will be developed in collaboration
with the Miami Beach Botanical Garden.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 20
5) Elimination And/Or Phasing Out Of Gas-Powered Leaf Blowers.
ACTION: No further action taken.
6) Seabin Project As An Option To Reduce Litter In The City's Waterways.
ACTION: Item continued to the July 20, 2016 Sustainability and Resiliency Committee.
7) How Green Infrastructure Including Living Or Hybrid Shorelines Can Complement Grey
Infrastructure In Our Climate Adaptation On Going Work.
ACTION: Staff to provide an update on projects and additional opportunities for living shorelines.
This includes concepts for small artificial reefs. Continued to the September Sustainability and
Resiliency Committee.
8) Consider Establishing A City Sustainable Procurement Policy.
ACTION: Item deferred to the July 20, 2016 Sustainability and Resiliency Committee.
9) Charging A 5¢ Fee On Plastic Bags Similar To That Approved By The New York City Council.
ACTION: Item deferred to the July 20, 2016 Sustainability and Resiliency Committee.
10) Discussion On Stormwater Best Management Practices.
ACTION: Item continued to the July 20, 2016 Sustainability and Resiliency Committee.
11) Discussion On The City’s Anti-Idling Policy.
ACTION: Item continued to the July 20, 2016 Sustainability and Resiliency Committee.
12) Exploring The Use Of Triodetic's Tube And Hub Technology To Raise A Municipal Building
As A Prototype For Residents.
ACTION: Item deferred to the July 20, 2016 Sustainability and Resiliency Committee.
ADDENDUM MATERIAL 1
C6F Report Of The June 17, 2016 Finance And Citywide Projects Committee Meeting: 1.Discussion
Regarding Whether Or Not To Pursue Food And Beverage Concessions For Soundscape Park,
Collins Park, And The Miami Beach Botanical Garden. 2. Discussion Regarding The Proposed
Site Options For The New Fire Station No. 1. 3. Discussion Seeking Citywide Wi-Fi Solutions
And CMB Becoming Its Own Internet Service Provider. 4. Discussion Regarding The Vacation
Of A Portion Of The Alley Between Alton Road And West Avenue, Just South Of 17th Street – As
Part Of A Proposed Mixed Use Project That Will Include Residential, Retail And Structured
Parking, Including Public Parking. 5. Discussion Regarding Implementing An Open Data Policy.
6. Discussion Regarding Miami New Drama Becoming The Resident Theater And Venue
Manager For The Colony Theater As A Pilot Program. 7. Discussion Regarding The Creation Of
The City Of Miami Beach Transportation Fund. 8. Discussion To Consider The Closed
Captioning For The Hearing Impaired Of The City's Video-Recorded Meetings And Events. 9.
Discussion Regarding A Competition Swimming Pool. 10. Discussion Regarding Advertising
Opportunities Within Municipal Parking Garages And Not Visible From The Right -Of-Way. 11. A.
Discussion Regarding 300 Alton Road. B. Discussion Regarding Proposed Miami Beach Marina
Development Agreement. 12. Discussion To Consider Televising All City Special Master
Hearings. 13. Discussion To Work With Miami-Dade County Public Schools (MDCPS) To
Assess The Viability And Interest In A City Of Miami Beach School Bus Service Within The 2-
Mile Boundary Of School Bus Service Provided By MDCPS. 14. Discussion Relating To City
Clerk Rafael E. Granado's Annual Performance Evaluation. 15. Discussion Regarding A Review
Of The Fine Schedule For Littering On The Beach. 16. Discussion Regarding A City Employee
Healthy Cafeteria.17. Discussion On Increasing The Living Wage Rate For Fiscal Year 2016-
2017 In Accordance With City Code's General Ordinances, Chapter 2, Article Vl, Division 6,
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 21
Section 2-408. 18. Discussion Regarding Building A Satellite City Center At The North Beach
Police Station. 19. Discussion Regarding City Attorney's Annual Review/Contract Renewal. 20.
Discussion Regarding The Exchange Of Property With The Owner Of 5860 North Bay Road In
Order To Resolve The Existing Boundary Lines, And The Location Of A Future City Pump
Station And Sewer Line. 21. Discussion Regarding The Bass Museum Budget Enhancement.
22. Discussion Regarding Payment To Bass Museum Of $150,000 Towards The Programming
In The Newly Added Renovated Exhibition Space. This Is Reimbursement Of Permitting And
Parking Fees For The New Construction. 23. Discussion Regarding A Lease Agreement With
Crown Castle Solutions. 24. Discussion Regarding The Data And Analysis Required For The
Equivalent Residential Unit (ERU) Methodology Changes. 25. Discussion Regarding Change
Orders Protocol/Policy For Construction Projects. 26. Discussion Regarding The Collins Park
Parking Garage Project. 27. Discussion Regarding The Use Of Auto Return’s Tow Technology
On Miami Beach.
1. Whether Or Not To Pursue Food & Beverage Concessions For Soundscape Park, Collins
Park, And The Miami Beach Botanical Garden.
ACTION: Item deferred.
2. Discussion Regarding The Proposed Site Options For The New Fire Station No. 1.
ACTION: The Committee recommended that staff bring back an option that provides at least 18
spaces plus the 32 spaces needed for the fire station and within the remainder 35 feet to get as
many additional parking spaces as possible.
3. Seeking Citywide Wi-Fi Solutions And CMB Becoming Its Own Internet Service Provider.
ACTION: Item deferred.
4. The Vacation Of A Portion Of Alley/Alton Road & West Avenue, Just South Of 17th Street
ACTION: The Committee discussed the items to be included with the vacation of the alley
including providing new water and sewer lines, undergrounding the utilities, and paving the
entirety of Alton Court from 17th Street to Lincoln Road. The Developer provided that the public
benefit was the creation of public parking spaces although they could not give an exact number.
There was discussion regarding the appraised values and the Committee used a base price of
$475 per square feet and applied a 30o/o discount as the Developer was prohibited from placing
anything other than a bridge across the two parcels and could not utilize the first floor due to
maintaining vehicular access. The Committee approved the monetary contribution of $665,000
and moved the item to the full Commission.
5. Discussion Regarding Implementing An Open Data Policy.
Item removed from the agenda since it was heard at the Commission Meeting on June 8, 2016
under agenda item R9N.
6. Miami New Drama Becoming Resident Theater & Venue Manager For Colony Theater.
ACTION: Item deferred.
7. Discussion Regarding The Creation Of The City Of Miami Beach Transportation Fund.
ACTION: The Committee recommended that staff explore, as part of the enhancements in the
Fiscal Year 2017 (FY 2017) budget process, if there is funding available to establish a
Transportation Trust Fund. The Committee made a motion to dedicate 20% of one-time in
unrestricted payments to the city of Miami Beach to a transportation capital trust fund. ln
addition, the motion directed that dedicating a percentage of the general fund budget to fund
transportation operations and maintenance costs should be evaluated as part of the budget
development process.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 22
8. Closed Captioning For The Hearing Impaired Of City's Video-Recorded Meetings & Events.
ACTION: Item deferred.
9. Competition Swimming Pool.
ACTION: Item deferred.
10. Advertising Opportunities Within Municipal Parking Garages & Not Visible From ROW.
The Committee recommended that staff start small by bringing back to the
Finance Committee display options and financial figures within 60 days.
11.
A. Discussion Regarding 300 Alton Road.
B. Discussion Regarding Proposed Miami Beach Marina Development Agreement.
ACTION: Item deferred.
12. Discussion To Consider Televising All City Special Master Hearings.
The Committee recommended that staff start with airing the special master short term rentals for
a pilot period of 90 days. Funding is to be considered as part of the FY 2017 budget process to
air all of the City's special master hearings.
13. Work With MDCPS To Assess Viability & Interest In CMB School Bus Service.
ACTION: Item deferred.
14. Discussion Relating To City Clerk Rafael E. Granado's Annual Performance Evaluation.
ACTION: Item deferred.
15. Discussion Regarding A Review Of The Fine Schedule For Littering On The Beach.
ACTION: Item deferred.
16. Discussion Regarding A City Employee Healthy Cafeteria.
ACTION: The Committee recommended that staff bring this item back to the Finance Committee
after meeting with the potential tenant on the options for food and costs.
17. Discussion On Increasing The Living Wage Rate For Fiscal Year 2016-2017.
ACTION: The Committee recommended not indexing the hourly wage rate paid to employees of
City contractors, which currently stands at a rate of $1 1.62/hour with health benefits of at least
$1.69/hour, and $13.31/hour without benefits.
18. Discussion Regarding Building A Satellite City Center At The North Beach Police Station.
ACTION: Item deferred.
19. Discussion Regarding City Attorney's Annual Review/Contract Renewal.
ACTION: Item deferred.
20. Exchange Of Property With Owner Of 5860 North Bay Road/Location Of A Future City Pump
Station And Sewer Line.
ACTION: Item deferred.
21. Discussion Regarding The Bass Museum Budget Enhancement.
ACTION: The Committee recommended moving forward with including the $560,000 funding
request in the FY 2017 budgeting process.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 23
22. Payment To Bass Museum Of $150,000 Towards The Programming In The Newly Added
Renovated Exhibition Space.
ACTION: The Committee recommended and a one-time contribution of $150,000 towards the
programming and the newly added renovated exhibition space.
23. Discussion Regarding A Lease Agreement With Crown Castle Solutions.
ACTION: The Committee recommended moving forward with a lease agreement with Crown
Castle Solutions LLC (Lessee) having a term of nine (9) years and 364 days (without any
renewal options); said Lease permitting Lessee to install and maintain, at its sole cost and
expense, a small cell network system at the Miami Beach Convention Center, including a
Distributed Antennae System (DAS), equipment at a radio space, and all associated
telecommunications cables and connections, having a value of approximately $1 million;
permitting Lessee to sublease the radio space and DAS system to third party
telecommunications companies, at lessees sole option; and further providing the City with an up-
front fee of $25,000, plus monthly payments equal to twenty-five percent (25%) of the monthly
recurring gross receipts collected by lessee.
24. Discussion Regarding The Data And Analysis Required For The Equivalent Residential Unit
(ERU) Methodology Changes.
ACTION: The Committee recommended that staff meet with each of the Commissioners
and provide a better understanding of the Equivalent Residential Unit (ERU) figures. The item is
to be presented at the next Commission Meeting with the updated options for storm water rates.
The storm water methodology will also be further discussed at the Commission meeting and that
is when it will be determined if this item needs to be brought back to the Finance Committee.
25. Discussion Regarding Change Orders Protocol/Policy For Construction Projects.
ACTION: Item deferred.
26. Discussion Regarding The Collins Park Parking Garage Project.
ACTION: Item deferred to July meeting.
27. Discussion Regarding The Use Of Auto Return’s Tow Technology On Miami Beach.
ACTION: Item deferred to July meeting.
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager, Or His Designee, To Apply For,
Accept, And Appropriate Funding (Including Matching Funds And Any Related City Expenses),
And Execute Any And All Documents Or Agreements In Connection With The Following Grants
And Funding Requests: 1) Miami-Dade County FY 16/17 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program For Funding In The Approximate Amount Of $15,000 For The
City’s Police Department Initiatives; 2) Miami-Dade County Homeless Trust, In The Approximate
Amount Of $64,000, For The City’s Homeless Outreach Program; And Retroactively For: 3)
Miami Beach Visitor And Convention Authority (VCA) For Funding In The Amount Of $100,000
For The City’s Licensing And Merchandising Strategic Plan.
(Budget & Performance Improvement)
ACTION: Resolution 2016-29462 adopted. Cintya G. Ramos to appropriate the funds if
accepted. Judy Hoanshelt to handle.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 24
C7B A Resolution Accepting The Recommendation Of The City Manager And Waiving, By 5/7th Vote,
The City’s Competitive Bidding Requirement, Finding Such A Waiver To Be In The Best Interest
Of The City, And Approving And Authorizing The City Manager To Finalize Negotiations And
Execute (In A Form That Is Acceptable To The City Attorney) An Agreement With The Beanstalk
Group In An Amount Not To Exceed $145,000.
(Communications)
(Sponsored by Commissioner John Elizabeth Alemán and
Co-Sponsored by Commissioner Ricky Arriola)
ACTION: Resolution 2016-29463 adopted. Tonya Daniels to handle.
9:14:16 a.m.
C7C A Resolution Approving And Authorizing The City To Accept A Sponsorship, Valued At $20,000,
From The Swatch Group, Inc., For Volleyball Nets To Be Installed On The City’s Volleyball Courts
Located At Two Sites On Ocean Drive (At 8th Street And 12th Street).
(Communications)
ACTION: Item separated by Mayor Levine. Resolution 2016-29464 adopted. Motion made by
Commissioner Arriola; seconded by Commissioner Alemán; Voice vote: 6-1; Opposed:
Commissioner Steinberg. Tonya Daniels to handle.
Mayor Levine asked if his colleagues were concerned with the level of advertising and
sponsorship they are allowing in the City.
Mayor Levine stated that he was in favor of this item.
Commissioner Steinberg announced that she would be voting in opposition.
No further discussion took place.
C7D A Resolution Granting And Authorizing The Mayor And City Clerk To Execute A Perpetual Non-
Exclusive Easement Between The City And The State Of Florida Department Of Transportation
(“FDOT”), Attached Hereto As Exhibits 1, For The Purpose Of FDOT Constructing, Maintaining
And Repairing A Portion Of Alton Road On City Property Known As The “Miami Beach Golf
Course,” Located At 2301 Alton Road, Along The East Side Of Alton Road From Michigan
Avenue To 581 Feet Towards The North.
(Public Works)
ACTION: Resolution 2016-29465 adopted. Eric Carpenter to handle.
C7E A Resolution Approving And Authorizing The City Manager And City Clerk To Execute
Amendment No. 3 To The Professional Services Agreement Between The City And Advanced
Data Processing, Inc. D/B/A Intermedix; Said Amendment Extending The Agreement, On A
Month To Month Basis, Commencing On September 16, 2016, For A Term Not To Exceed One
Year Or Until Such Time As A New Agreement Is Executed Pursuant To A New Procurement
Process, Whichever Occurs First.
(Fire)
ACTION: Resolution 2016-29466 adopted. Fire Chief Virgilio Fernandez to handle.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 25
9:19:10 a.m.
SUPPLEMENTAL MATERIAL 3: MEMORANDUM & RESOLUTION
C7F A Resolution Urging The Florida Department Of Transportation ("FDOT") To Stripe Dedicated
Bicycle Lanes On The Julia Tuttle Causeway (I-195) And To Stripe Green Bicycle Lanes On
Those Portions Of I-395 And A1A Known As The MacArthur Causeway As Soon As Possible To
Protect The Safety Of Cyclists During The Next Phase Of Miami-Dade County's Venetian
Causeway Project.
Revised Title
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Urging
The Florida Department Of Transportation ("FDOT") To (1) Reposition The Bicycle Lane On The
Julia Tuttle Causeway (I-195) To The Other Side Of The Protective Barrier, In Order To Separate
Vehicular Travel Lanes From The Bicycle Lane, And (2) Stripe Green Bicycle Lanes On Those
Portions Of I-395 And A1A Known As The MacArthur Causeway As Soon As Possible To Protect
The Safety Of Cyclists During The Next Phase Of Miami-Dade County's Venetian Causeway
Project.
(Sponsored by Commissioner Ricky Arriola)
(Legislative Tracking: Transportation)
Clerk’s Note: Resolution title revised by the Office of the City Attorney due to amendments
adopted.
ACTION: Item separated by Commissioner Alemán. Resolution 2016-29467 adopted as
amended. Motion made by Commissioner Alemán; seconded by Vice-Mayor Grieco to accept as
amended to urge FDOT to paint the entire bicycle lane green on the MacArthur Causeway, and
not just the conflict points; and urge FDOT to reposition the bicycle lane on the Julia Tuttle
Causeway on the other side of the protective barrier to separate the car lanes from the bicycle
lane; Voice vote: 7-0. Jose Gonzalez to handle. Office of the City Clerk to transmit the
Resolution.
Amendments:
1) Urge FDOT to paint the entire bicycle lane green on the MacArthur Causeway, and not just the
conflict points; and
2) Urge FDOT to reposition the bicycle lane on the Julia Tuttle Causeway on the other side of the
protective barrier to separate the car lanes from the bicycle lane.
Commissioner Alemán stated that the Venetian Causeway will be impacted again, and this
Causeway is frequently used by bicyclists. The Julia Tuttle Causeway is also used for biking, but
it does not look safe at all, especially when there is no division between the car and bicycle lanes.
She would like to see greater protection for bicyclists on the Julia Tuttle Causeway.
Vice-Mayor Grieco stated that bicyclists will be interrupted from using their preferred Venetian
bridge bicycle lane for only one month, but regardless, there should be safe bicycle lanes
Citywide.
Commissioner Arriola asked Transportation Director Gonzalez if there are any plans in the near
future for a protected bicycle lane on the Julia Tuttle Causeway.
Jose Gonzalez, Transportation Director, stated that given the imminent Venetian Causeway
project, he and his team met with FDOT the previous week. There is a long-term project along the
Julia Tuttle Causeway, which will enhance the off-road path to be shared use, but since that
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 26
Causeway is part of the Federal Interstate Highway System, there is nothing that can be done in
the short term. However, on the MacArthur Causeway, better signage and more green paint can
be added to the conflict points where bicyclists and drivers need to share the road and be aware
of each other.
Discussion continued.
Commissioner Arriola asked Mr. Gonzalez to urge FDOT to not just paint the conflict areas green,
but the entire bicycle lane on the MacArthur Causeway.
Mr. Gonzalez stated that as a matter of practice, FDOT only paints the conflict areas green.
Commissioner Arriola insisted that Mr. Gonzalez ask FDOT to divert from their practice in this
case, and paint the entire bicycle lane green.
Commissioner Malakoff believes that the bicycle lanes on the causeways are dangerous, and
need to be rethought. The amendment was accepted by the sponsor of the item.
TO DO:
Mayor Levine suggested bringing the New District Secretary to the September 14, 2016 City
Commission Meeting, so that the City Commission can urge him to assist in painting the Venetian
Causeway bicycle lane green. Jose Gonzalez, Transportation Director, to handle.
City Manager Morales added that there are enhancements budgeted for this reason.
Commissioner Alemán offered a friendly amendment to reposition the bicycle lane on the Julia
Tuttle Causeway on the other side of the protective barrier to separate the car lanes from the
bicycle lane.
C7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute The
Memorandum Of Understanding (MOU) Attached To This Resolution, Between The City Of Miami
Beach And The Miami Beach Chamber Education Foundation Inc., For The Implementation Of A
Miami Beach Nurse Enhancement Initiative For Behavioral Health Services (The “Initiative”) For
Miami Beach Senior High School, Nautilus Middle School, Feinberg-Fisher K-8 Center, Biscayne
Elementary School, And South Pointe Elementary School; Said MOU Providing For Initiative
Services For The 2016-2017 School Year, With Possible Renewal Options, Upon Mutual
Agreement Of The Parties, For The 2017-2018 And 2018-2019 School Years, With The City’s
Contribution Being Subject To Consideration In The Budget Development Process For Each
Respective Fiscal Year; And Further Authorizing The Consideration Of $53,600 In Funding From
The City’s 2016-2017 Fiscal Year Annual Budget For The City’s Contribution To The Initiative For
The 2016-2017 School Year.
(Organization Development Performance Initiatives)
ACTION: Resolution 2016-29468 adopted. Dr. Leslie Rosenfeld to handle.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 27
C7H A Resolution Urging Miami-Dade County To Expeditiously And Timely Comply With The
Stormwater And Sewer Infrastructure Repair Projects Mandated In The County’s Consent Decree
With The United States Environmental Protection Agency And The State Of Florida.
(Sponsored by Commissioner Kristen Rosen Gonzalez)
(Legislative Tracking: Office of the City Attorney)
ACTION: Resolution 2016-29469 adopted. Office of the City Attorney to handle. Office of
the City Clerk to transmit the Resolution.
C7I A Resolution Authorizing The City Of Miami Beach To Accept An Award Of A Variable Message
Sign, With An Approximate Value Of $7,500, From The Florida Department Of Transportation,
Based Upon The Police Department’s Participation In The Florida Law Enforcement Liaison
Program’s ‘Click It Or Ticket’ Challenge.
(Police)
ACTION: Resolution 2016-29470 adopted. Chief Daniel Oates to handle.
C7J A Resolution Authorizing The City Of Miami Beach To Accept An Award Of Four (4) Prolaser 4
Speed Detection Devices And Ten (10) Rechargeable Nightsticks, Total Value $7,957, From The
Florida Department Of Transportation, Based Upon The Police Department’s Participation And
Performance In Various Traffic Safety Initiatives.
(Police)
ACTION: Resolution 2016-29471 adopted. Chief Daniel Oates to handle.
C7K A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At Its June 10, 2016 Meeting, To Explore The Options In Relation To Making
Improvements And Enhancements To The Police North Beach Sub Station, Also Known As The
North End Sub Station (NESS).
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: Police)
ACTION: Resolution 2016-29472 adopted. Chief Daniel Oates and David Martinez to handle.
9:27:00 a.m.
SUPPLEMENTAL MATERIAL 1: REVISED MEMORANDUM & RESOLUTION
C7L A Resolution Accepting The Recommendation Of The City Manager To Reject All Proposals
Received, Pursuant To Request For Qualifications (RFQ) No. 2016-107-WG For Hosted
Automatic Call Distribution Services; And, In The Alternative, Accepting The City Manager’s
Recommendation To Waive, By A 5/7th Vote, The Competitive Bidding Requirement, Finding
Such Waiver To Be In The Best Interest Of The City, And Authorizing The Administration To
Enter Into Direct, Simultaneous Negotiations With AT&T Corp And Unify, Inc., Respectively, For
Hosted Automatic Call Distribution Services; And Further Directing The Administration To Submit
The Final Negotiated Agreement To The Mayor And City Commission For Approval.
(Procurement/Finance)
ACTION: Resolution 2016-29473 adopted. Item separated by Commissioner Arriola for recusal.
Motion made by Vice-Mayor Grieco; Seconded by Commissioner Malakoff; Voice vote: 6-0;
Abstained: Commissioner Arriola. Alex Denis, Allison Williams and Ariel Sosa to handle.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 28
Raul J. Aguila, City Attorney, announced that Commissioner Arriola recused himself from this
item due to an appearance of conflict, rather than an actual legal conflict.
City Manager Morales explained that the City is trying to acquire equipment so that staff can
operate the 311 call center internally. There were two good companies that bid, but due to a
technical issue, they were rendered non-responsive. He would like to expedite this, and is asking
for direction to negotiate with each of the bidders, so that he can bring back a good contract to
the City Commission.
Vice-Mayor Grieco expressed his support.
Handouts and Reference Materials:
1. Form 8B completed by Commissioner Arriola # 132
C7M A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Firms, Pursuant To The Invitation To Negotiate (ITN) No. 2016-084-WG For Administration Of
The City’s Ancillary Health Benefits For Employees, Retirees And Their Dependents; Authorizing
The Administration To Negotiate With The Following Proposers In The Following Categories Of
Ancillary Services: Cigna Health And Life Insurance Co., As Top-Ranked Proposer For Group
Dental Coverage; UNUM Life Insurance Company Of America, As Top-Ranked Proposer For
Family And Medical Leave Act Administration, Long-Term Disability Coverage For Defined
Contribution Retirement Plan (401a) Participants, Voluntary Short-Term And Long-Term Disability
Coverage, And Group Life And Accidental Death & Dismemberment Coverage; And Further
Authorizing The Mayor And City Clerk To Execute Agreements Upon Conclusion Of Successful
Negotiations With The Administration.
(Procurement/Human Resources)
ACTION: Resolution 2016-29474 adopted. Alex Denis and Sylvia Crespo-Tabak to handle.
C7N A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals Pursuant To Request For Proposals No. 2016-034-AK, For Fire And Police False
Alarm Billing System; Authorizing The Administration To Enter Into Negotiation s With PMAM
Corporation, The Top-Ranked Proposer; And, Should The Administration Be Unsuccessful In
Negotiating An Agreement With The Top-Ranked Proposer, Authorizing The Administration To
Enter Into Negotiations With Public Safety Corporation, The Second-Ranked Proposer; And,
Further, Authorizing The Mayor And City Clerk To Execute The Agreement Upon Successful
Negotiations By The Administration.
(Procurement/Police/Fire)
ACTION: Resolution 2016-29475 adopted. Alex Denis, Police Chief Daniel Oates and Fire
Chief Virgilio Fernandez to handle.
Handouts and Reference Materials:
1. Letter to Joseph M. Goldstein from Jimmy L. Morales dated June 22, 2016 RE: Protest Filed Pursuant
to Award Recommendation on RFP 2016-034-AK for a Fire and Police False Alarm Billing System
(the “RFP).
2. Letter to Joseph M. Goldstein from Jimmy L. Morales (transmitted via e -mail), dated July 7, 2016 RE:
Protest Filed Pursuant to Award Recommendation on RFP 2016-034-AK for a Fire and Police False
Alarm Billing System (the “RFP).
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 29
C7O A Resolution Accepting The Recommendation Of The City Manager To Approve The Award Of A
Contract For Group 1 To Team Contracting, Inc., And To Reject All Bids Received For Groups 2-
4, Pursuant To Invitation To Bid (ITB) No. 2016-111-ND For The Purchase Of Concrete
Curbing/Sidewalk Construction, Asphaltic Concrete/Related Materials, And Striping Of City
Streets And Parking Lots.
(Procurement/Public Works)
ACTION: Resolution 2016-29476 adopted. Alex Denis and Eric Carpenter to handle.
3:36:26 p.m.
C7P A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Request For
Qualifications (RFQ) No. 2016-116-KB For Architectural And Engineering Design Services For
New Bus Shelters; Authorizing The Administration To Enter Into Negotiations With ACAI
Associates, Inc., As The Top Ranked Proposer; Further, Should The Administration Not Be
Successful In Negotiating An Agreement With ACAI Associates, Inc., Authorizing The
Administration To Enter Into Negotiations With Brooks + Scarpa, Inc., As The Second Highest
Ranked Proposer; Further, Authorizing The Mayor And City Clerk To Execute An Agreement,
Upon Conclusion Of Successful Negotiations By The Administration.
(Procurement/Transportation)
ACTION: Resolution 2016-29477 adopted. Heard in conjunction with R9Q. Item separated by
Commissioner Arriola for discussion. Motion made by Commissioner Arriola; seconded by
Commissioner Alemán; Voice vote: 7-0. Alex Denis and Jose Gonzalez to handle.
Commissioner Arriola said C7P relates to another item, which is R9Q. It relates to using design in
everyday things. The City has designed great parking garages and iconic lifeguard stations. Since
the City is looking into new bus shelters, Commissioner Arriola wants to have bus shelters that
have an iconic presence. The City had put out an RFP and a firm was selected. There are bus
shelter designs that most municipalities have done, but he wants a design that will spark the
imagination and show passion for design.
Jose Gonzalez, Transportation Director, introduced Adolfo Cotilla the President of ACAI
Associates, who is the top brand proposer as part of the RFQ.
Adolfo Cotilla, President of ACAI Associates, showed a PowerPoint presentation. Click here to
view.
Discussion held regarding benches/seats in bus shelters.
Commissioner Steinberg wants to make sure that the benches are of good quality, practical,
serve a purpose, and look good. She would like to work with someone in Law Enforcement to
make sure the designs work within the concept of what Miami Beach has. She has concerns
about people using the bus stops only for Wi-Fi.
Discussion continued regarding benches in bus shelters.
Commissioner Arriola would like to give further guidance to ACAI Associates.
Discussion held
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 30
Jimmy L. Morales, City Manager stated that this is a recommendation to award the RFQ and they
need a vote.
Motion made. Vote taken.
C7Q A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
At Its June 17, 2016 Meeting To Maintain The Living Wage Rate And Health Care Benefit Rate At
Current Levels For Covered City And Service Contractor Employees For Fiscal Year 2016/17.
(Procurement)
ACTION: Resolution 2016-29478 adopted. Alex Denis to handle.
SUPPLEMENTAL MATERIAL 3: MEMORANDUM
C7R A Resolution Authorizing The Extension Of A Communications System Agreement, And All
Exhibits Thereto, With Motorola In The Amount Of $335,443 For A Term Of One Year To
Maintain A Continuity Of Service Of The 800 MHz Public Safety Radio System.
(Emergency Management)
ACTION: Resolution 2016-29479 adopted. Charles Tear to handle.
C7S A Resolution Approving The Selection Of Six Public Art Commissions For Miami Beach
Convention Center, As Recommended By The Art In Public Places Professional Advisory
Committee, The Art In Public Places Committee, The Neighborhood/Community Affairs
Committee, And As Approved By The Design Review Board And The Historic Preservation
Board; And Authorizing The City Manager To Execute Professional Services Agreement In The
Following Not-To-Exceed Amounts For The Design, Fabrication, And Installation Of Art: Franz
Ackermann, $750,000; Michael Elmgreen And Ingar Dragest, $1,100,000; Ellen Harvey,
$750,000; Joseph Kosuth, $2,200,000; Joep Van Lieshout, $500,000; And Sarah Morris,
$1,000,000.
(Tourism, Culture & Economic Development)
ACTION: Resolution 2016-29480 adopted. Max Sklar to handle.
SUPPLEMENTAL MATERIAL 1: RESOLUTION & ATTACHMENT
C7T A Resolution Approving And Authorizing The City Manager To Execute A Landlord Waiver,
Substantially In The Form Attached To This Resolution, In Favor Of Bank Of America, Involving
The Lease Agreement Between The City (Landlord) And The Miami City Ballet, Inc. (Tenant) For
The Building Located At 2200 Liberty Avenue, Miami Beach, Florida (Premises); Said Waiver
Subordinating The City’s Statutory Lien Rights Against The Personal Property In The Premises
(In The Event Of A Default Under The Lease); And Which Waiver Is Being Required By Bank Of
America, As Security For A Revolving Line Of Credit, Having A Limit Of $1,500,000, Which Is
Being Secured By The Tenant’s Collateral, Which Includes The Personal Property In The
Premises.
(Tourism, Culture & Economic Development)
ACTION: Resolution 2016-29481 adopted. Max Sklar to handle.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 31
C7U A Resolution Calling Upon Federal And State-Elected Officials To Collaborate With Local Officials
And First Responders To Prevent Mass Shootings And Large-Scale Human Loss Of Life And
Suffering From Mass Shootings In America By Limiting The Availability And Use Of Military
Grade, High Capacity Magazine Assault Weapons To Law Enforcement Agencies.
(Sponsored by Commissioner Micky Steinberg and
Co-Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Office of the City Attorney)
ACTION: Resolution 2016-29482 adopted. Office of the City Attorney to handle. Office of
the City Clerk to transmit the Resolution.
C7V A Resolution Urging The United States Food And Drug Administration (FDA) To Repeal Its
Prohibition On Men Who Have Sex With Men Within 12 Months From Donating Blood.
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: Office of the City Attorney)
ACTION: Resolution 2016-29483 adopted. Office of the City Attorney to handle. Office of
the City Clerk to transmit the Resolution.
End of Consent Agenda
REGULAR AGENDA
R5 - Ordinances
11:25:09 a.m.
R5A An Ordinance Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled “Public
Property,” By Amending Article I, Entitled “In General”; By Amending Section 82-1, Entitled
“Conducting Business On Streets, Parks Or Other Public Property; Enforcement; Penalties;
Unpaid Fines To Constitute Liens,” By Creating Subsection (b) Which Expressly Prohibits
Commercial Transactions, Activities Or Operations At Any Park, Boat Ramp, Beach, Structure
Building Or Other Property Or Place Owned, Maintained Or Operated By The City; By Pr ohibiting
Any Portion Of The Commercial Transaction, Activity Or Operation To Directly Or Indirectly Occur
At Any Park, Boat Ramp, Beach, Structure Building Or Other Property Or Place Owned,
Maintained Or Operated By The City; By Modifying Subsection (c), Which Amends The Existing
Exemption Authority Of The City Manager For The Rendering Of Service To The Public; And
Creating An Additional Exemption To The Prohibitions Set Forth In Section 82-1(a) And (b), That
Would Require The City Commission To Approve A Concession Agreement Authorizing
Commercial Activities Or Operations; And By Creating Subsection (d), Which Is A New
Enforcement And Penalty Provision For Violations, Limiting The Authority Of The Special Master,
And Increasing The Monetary Fines; Providing For Repealer, Severability, Codification, And An
Effective Date. 10:00 a.m. Second Reading Public Hearing
(Sponsored by Vice-Mayor Michael Grieco)
(Legislative Tracking: Parks & Recreation)
(First Reading on May 11, 2016 - R5N)
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2016-4022
adopted. Motion made by Commissioner Malakoff; seconded by Vice-Mayor Grieco; Ballot-vote:
7-0. John Rebar to handle.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 32
Aleksandr Boksner, Deputy City Attorney, introduced the item and explained the language
included and exemptions. This Ordinance addresses any commercial activity taking place in the
City’s various properties, which have been specifically identified as parks, boat ramps, buildings,
or places maintained or owned by the City. They removed specific references to the Maurice Gibb
Memorial Boat Ramp and Park; to deny commercial activities from taking place in other parks.
Additionally, they have further clarified the City Manager’s authority, and his legal authority to
allow limited commercial activity.
Commissioner Malakoff asked if there will be an outreach for all the people who have commercial
boating, so that they understand what the rules are.
Deputy City Attorney Boksner stated that there will be a notification process.
Commissioner Alemán wants to ensure that this will not prevent walking tours from taking place,
since they use sidewalks, which are City property.
John Rebar, Parks and Recreation Department Director, clarified that that type of commercial
outdoor fee based activity will not be affected.
Handouts or Reference Materials:
1. Ad No. 1162 published in The Miami Herald
11:29:32:00 a.m.
R5B Hall For Hire Use In Museum Historic District
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 142, “Zoning Districts And Regulations,” Article II, “District Regulations,” Division 3,
“Residential Multifamily Districts,” Subdivision IV, “RM-2 Residential Multifamily, Medium
Intensity,” To Amend Section 142-213, “Conditional Uses,” To Include Requirements Pertaining
To Hall For Hire Uses For Properties Located Within The Locally Designated Museum Historic
Preservation District; Providing For Repealer; Severability; Codification; And An Effective Date.
10:05:00 a.m. Second Reading Public Hearing
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on June 8, 2016 - R5I)
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2016-4023
adopted. Motion made by Commissioner Malakoff; seconded by Commissioner Alemán; Ballot-
vote: 7-0. Thomas Mooney to handle.
Thomas Mooney, Planning Department Director, introduced the item, and stated that it was
approved on first reading on June 8, 2016, and no changes were made. The recommendation is
to approve as drafted.
Handouts or Reference Materials:
1. Ad No. 1162 published in The Miami Herald
2. Ad No. 1166 published in The Miami Herald
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 33
11:31:30 a.m.
R5C An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 3 Entitled
“Lobbyists,” Section 2-482(a)(4) Thereof, By Requiring A Lobbyist Who Has Within The Past
Election Cycle Provided Campaign Consulting Services To An Incumbent Member Of The City
Commission To Disclose Such Particular Service On His/Her Lobbyist Registration Form And To
Disclose Such Particular Service Orally Before Lobbying The City Commission At A Public
Meeting, Providing Definitions, And Providing For Repealer, Severability, Codification, And An
Effective Date. 10:10 a.m. Second Reading Public Hearing
(Sponsored by Commissioner Kristen Rosen Gonzalez)
(Legislative Tracking: Office of the City Attorney)
(First Reading on June 8, 2016 - R5J1)
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2016-4024
adopted. Motion made by Commissioner Rosen Gonzalez; seconded by Commissioner Arriola;
Ballot-vote: 7-0. Office of the City Attorney to handle.
Debora Turner, First Assistant City Attorney, introduced the item, which strengthens ethics
legislation, by requiring lobbyists who have provided campaign consulting services to a member
of the City Commission to not only disclose this on a registration form, but verbally disclose this
before lobbying within a public meeting.
Commissioner Alemán asked staff to find any other relationships that should also be disclosed for
the record. Office of the City Attorney to handle.
Handouts or Reference Materials:
1. Ad No. 1162 published in The Miami Herald
11:32:57 a.m.
R5D Miami Beach Panel Of Architects
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, Florida, Chapter 118, “Administration And Review Procedures,” Article II, “Boards,” By
Creating Section 118-33 To Establish The Miami Beach Panel Of Architects (“MBPOA”); And By
Amending The Criteria And Procedural Thresholds For The Review And Approval Of New Single -
Family Residential Construction By Authorizing The MBPOA To Conduct Certain Reviews;
Creating Division 6, Entitled “Miami Beach Panel Of Architects,” At Sections 118-139 Through
118-156, Providing For Purpose, Composition Of Board, Membership, Qualifications, Quorum,
Meeting Procedures, Powers And Duties, Fees And Applications; Amending Section 118-8,
Entitled “Notice Procedures For Quasi-Judicial, Public Hearing Quasi-Judicial Land Use Board
Actions” To Include Notice Procedures For Proceedings Before The MBPOA; And Amending
Section 118-9, Entitled “Rehearing And Appeal Procedures,” To Provide Procedures For Appeals
From The MBPOA; Providing For Codification; Repealer; Severability; And An Effective Date.
10:15:00 a.m. Second Reading Public Hearing
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on June 8, 2016 - R5M)
ACTION: Title of the Ordinance read into the record. Item heard in conjunction with R7AA. Public
Hearing held. Ordinance 2016-4025 adopted. Motion made by Commissioner Malakoff;
seconded by Commissioner Alemán; Ballot-vote: 6-1. Opposed: Commissioner Steinberg.
Thomas Mooney to handle.
Eve Boutsis, Chief Deputy City Attorney, suggested hearing the companion item R7AA
immediately after this item.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 34
Thomas Mooney, Planning Department Director, explained the item, which has changes
incorporated, including a time limit for how long applications can be held before a decision must
be made, review criteria, and a six-month sunset provision, which could be extended to a year by
the City Commission. The Planning Board recommends the extension of the sunset provision.
Commissioner Malakoff stated that many residential homes have been built that are not
compatible with their neighborhoods. This Ordinance will help maintain neighborhood
compatibility. More architects are needed to improve the City’s housing stock.
Commissioner Alemán commended Commissioner Malakoff for putting this legislation forward. It
has been designed in a practical way, and will ensure the City gets high quality design.
Commissioner Steinberg agreed with Commissioner Alemán’s statement, but as she is in
disagreement with the companion item R7AA, she cannot vote in favor of this item.
Mayor Levine added that this Ordinance will ensure there is integrity in the boards. He
commended Commissioner Malakoff for taking it upon herself to do the right thing.
Commissioner Rosen Gonzalez asked what criteria are used to select the architects.
Commissioner Malakoff explained that the person must be a licensed architect in the State of
Florida, with a preference of an architect who lives or does business in Miami Beach. She
clarified that this is not a political appointment.
Mr. Mooney added that the candidate must have at least five years’ experience with Miami
Beach.
Commissioner Rosen Gonzalez asked if this can be done and still deny those selected to the
panel from lobbying.
Commissioner Malakoff stated that the panel would greatly benefit from the input of practicing
architects, but it is very difficult to get them to join the panel, because if they are currently working
on a project in Miami Beach, they are prohibited from being on the panel. The positions are
mostly taken up now by faculty members.
Discussion held.
Handouts or Reference Materials:
1. Ad No. 1162 published in The Miami Herald
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 35
6:39:53 p.m.
R5E An Ordinance Pertaining To The Subject Of A Six (6) Month Moratorium For The Two National
Register Historic Districts Contained Within The North Beach Master Plan Study Area With The
Following General Boundaries: (1) The “North Shore National Register District,” Generally
Bounded By 73rd Street To The South, Dickens Avenue, Hawthorne Avenue And Crespi
Boulevard To The West, 87th Street To The North, And Collins Court To The East; And (2)
“Normandy Isles National Register District:” Generally Bounded By Biscayne Bay To The South,
Ray Street, Rue Notre Dame And Rue Versailles To The West, Normandy Shores Golf Course
To The North, And The Western Bulkhead Of Indian Creek To The East; Imposing A Temporary
Moratorium Upon The Receipt Of Or Processing Of Applications, Permits Or Pending Approvals
Pertaining To Demolition Of Contributing Structures Within The Two National Register Historic
Districts Within The North Beach Master Plan Study Area; Providing For An Effective Dat e
Retroactive To June 8, 2016; For Zoning In Progress Purposes, This Ordinance Shall Be
Effective Upon First Reading Of This Ordinance, And No Applications For Demolition Within The
Designated Area Shall Be Accepted By The City; Providing For Exceptions; Providing For
Severability; Repeal Of Conflicting Ordinance Provisions; And Providing For An Expiration Date.
5:01 p.m. Second Reading Public Hearing
(Sponsored by Commissioner Ricky Arriola &
Co-sponsored by Commissioner Joy Malakoff)
(Planning)
(First Reading Public Hearing June 8, 2016 - R5G)
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2016-4026
adopted as amended with the effective date. Motion made by Commissioner Malakoff;
seconded by Commissioner Arriola; Ballot-vote: 7-0. Thomas Mooney to handle.
AMENDMENT:
Effective date is as of July 13, 2016 rather than June 8, 2016.
Eve Boutsis, Chief Deputy City Attorney, stated that the item is a six month Moratorium to finish
the Master Plan; and recommended changing the effective date on second reading, not
retroactive to June 8, 2016 but as of July 13, 2016, as there has been an outpour of people
seeking permits and it would give them six months to do the work.
Daniel Ciraldo thanked the sponsors of the Ordinance, Commissioners Arriola and Malakoff.
Commissioner Malakoff explained that in speaking to the Master Planner she requested the
delineation of what they are recommending for the local districts, so Historic Preservation Board
and Debbie Tackett can get them to the City Commission within six months.
Kirk Paskal spoke.
Handouts or Reference Materials:
1. Ad No. 1165 published in The Miami Herald
2. Ad No. 1167 published in The Miami Herald
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 36
R5F LDR And Comprehensive Plan Amendments - 500 Alton Road C-PS2 Transit Hub
1. CPS-2 Transit Hubs - LDR Amendments
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending
Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," Division
18 “PS Performance Standard District” And Chapter 114, “General Provisions,” By
Amending Sections 142-698 And 142-699 Regarding Maximum Building Height And
Setbacks Requirements For The CPS-2 District; Amending Section 114-1 Regarding
Definitions; Providing For Codification; Repealer; Severability; An Effective Date; And A
Sunset Date. 5:02 p.m. First Reading Public Hearing
(Sponsor: Private Applicant: 500 Alton Road Ventures, LLC & 1220 Sixth, LLC)
(Legislative Tracking: Planning)
ACTION: Item withdrawn.
Handouts or Reference Materials:
1. Ad No. 1165 published in The Miami Herald
2. Ad No. 1168 published June 30, 2016
3. Ad No. 1169 published June 30, 2016
4. Letter hand delivered and emailed to the Office of the City Clerk dated July 12, 2016 from
Samuel J. Dubbin, P.A., Dubbin & Kravetz, RE: Objections to City Commission Jurisdiction
over Comprehensive Plan and Land Development Regulations Amendments Submitted by 500
Alton Road Ventures, LLC and 120 Sixth, LLC at July 13, 2016 City Commission Meeting.
2. Comprehensive Plan Text Amendment - Public Transit Facilities in C-PS2 And Transit
Hubs Incorporated Into Private Development
An Ordinance Amending The Future Land Use Element Of The Comprehensive Plan Of
The City Of Miami Beach, Florida, By Amending Policy 1.2 By Amending The Permitted
Uses In The “General Mixed Use Commercial “Performance Standard” Category (C -PS2)”
To Allow Public Transit Facilities As A Permitted Use; Amending The Transportation
Element Of The Comprehensive Plan Of The City Of Miami Beach, Florida, By Creating
Policy 4.6.1 Entitled “Enhanced Transit Infrastructure On Private Property” And By
Amending The “Glossary Of Terms” To Include The Term “Transit Hub” And Related
Definition. 5:03 p.m. First Reading Public Hearing
(Sponsor: Private Applicant: 500 Alton Road Ventures, LLC & 1220 Sixth, LLC)
(Legislative Tracking: Planning)
ACTION: Item withdrawn.
Handouts or Reference Materials:
1. Ad No. 1165 published in The Miami Herald
2. Ad No. 1168 published in The Miami Herald
3. Ad No. 1169 published June 30, 2016
4. Letter hand delivered and emailed to the Office of the City Clerk dated July 12, 2016 from
Samuel J. Dubbin, P.A., Dubbin & Kravetz, RE: Objections to City Commission Jurisdiction
over Comprehensive Plan and Land Development Regulations Amendments Submitted by 500
Alton Road Ventures, LLC and 120 Sixth, LLC at July 13, 2016 City Commission Meeting.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 37
6:43:49 p.m.
R5G Concurrency Exemption - GU And CCC Districts
An Ordinance Amending The City Code, By Amending Chapter 122, “Concurrency Management,”
By Amending Section 122-5, “Exemptions From Concurrency,” To Exempt Uses At The Following
City-Owned Facilities From The City’s Concurrency Requirements: The North Shore Bandshell,
The Ronald W. Shane Watersports Center, And The Miami Beach Botanical Garden; And
Providing For Repealer, Codification, Severability, And An Effective Date. 5:04 p.m. First
Reading Public Hearing
(Sponsored by Vice-Mayor Michael Grieco)
(Legislative Tracking: Planning)
ACTION: Title of the Ordinance read into the record. First Reading, Public Hearing held.
Ordinance approved on first reading. Motion made by Commissioner Alemán; seconded by
Commissioner Malakoff; Ballot-vote: 7-0. Second reading, Public reading scheduled for
September 14, 2016. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission
Agenda, if received. Thomas Mooney to handle.
Handouts or Reference Materials:
1. Ad No. 1165 published in The Miami Herald
2. Ad No. 1170 published in The Miami Herald
6:44:59 p.m.
R5H Off-Street Parking Regulations
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, Florida, By Amending Chapter 130, “Off-Street Parking,” Article I, “In General,” Article III,
“Design Standards,” Article V, “Fee In Lieu Of Parking Program,” Article VI, “Parking Credit
System,” Article VII, “Surplus And Under-Utilized Parking Spaces,” And Article IX, “Valet And
Tandem Parking”, By Amending And Clarifying Standards And Procedures For Off-Street Parking
Requirements; Providing Codification; Repealer; Severability; And An Effective Date. 5:05 p.m.
First Reading Public Hearing
(Sponsored by Vice-Mayor Michael Grieco)
(Legislative Tracking: Planning)
ACTION: Title of the Ordinance read into the record. First Reading, Public Hearing held.
Ordinance approved on first reading. Motion made by Vice-Mayor Grieco; seconded by
Commissioner Malakoff; Ballot-vote: 7-0. Second reading, Public reading scheduled for
September 14, 2016. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission
Agenda, if received. Thomas Mooney to handle.
Pursuant to Section 2-13 of the Code, motion accepting the Land Use and Development
Committee’s recommendation of this Ordinance was made by Vice-Mayor Grieco, seconded by
Commissioner Alemán; Voice vote: 7-0.
DIRECTION:
Provide information on underutilized parking lots between first and second reading. Thomas
Mooney to handle.
Commissioner Rosen Gonzalez stated that pursuant current Code, parking requirements cannot
be removed, except to accommodate trash; if they take away the non-conforming parking spaces,
they will end up subsidizing developer parking requirements. With this new requirement, the
annual report is necessary; she asked for a justification.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 38
Mr. Mooney explained that in regards to the nonconforming parking spaces, they found out in the
past that this mainly applies to parking spaces that may be located in the front yard. As seen
along West Avenue, when raising streets, accessing those parking spaces may be impossible
and at times can get hazardous. In order to be able to raise their grade at a future time, they
would need the flexibility to remove those spaces. Many times, they may want to repurpose the
front of their lots, and those nonconforming parking spaces could get in the way of that. In
instances where there are nonconforming parking spaces, one of the purposes of the
nonconforming section of the Code is to be able remove those. From a market standpoint, people
are not going to do that unless they know that they either do not need the parking, or that they
can provide it somewhere else.
Discussion held.
Mr. Mooney stated that the amount of parking spaces removed is an insignificant amount. In
regards to the underutilized report, once somebody is approved for an underutilized parking lot, it
generally states that way, and submitting a report is redundant; it becomes more important when
the parking is updated with different uses, and at that point the report is submitted. This is more of
an efficiency.
Commissioner Rosen asked how many underutilized parking lots are there in the Cit y and how
many submit reports.
Discussion held.
Mayor Levine suggested bringing this information regarding the underutilized parking lots
between first and second reading. Thomas Mooney to handle.
Handouts or Reference Materials:
1. Ad No. 1165 published in The Miami Herald
2. Ad No. 1171 published in The Miami Herald
6:49:14 p.m.
R5I South Of Fifth Alcoholic Beverage Establishment Operational Regulations
An Ordinance Amending Chapter 142, “Zoning Districts And Regulations”, Article II, “District
Regulations,” Division 18, “PS Performance Standard District,” Section 142-693, “Permitted
Uses,” To Amend The Hours Of Operation, Location And Use Restrictions For Properties South
Of Fifth Street; Providing That Existing Alcoholic Beverage Establishments Shall Be Deemed
Legal Conforming Uses; And Providing For Codification, Repealer, Severability, And An Effective
Date. 5:06 p.m. First Reading Public Hearing
(Sponsored by Vice-Mayor Michael Grieco)
(Legislative Tracking: Planning)
ACTION: Title of the Ordinance read into the record. Public Hearing held. Item referred to
Planning and Land Use & Development Committee by acclamation. Ordinance adopted on first
reading. Motion made by Vice-Mayor Grieco to adopt the Ordinance as is; seconded by
Commissioner Alemán; Ballot-vote: 5-2; Opposed: Mayor Levine and Commissioner Arriola.
Second reading Public Hearing is scheduled for September 14, 2016. Rafael E. Granado to
notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to
handle.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 39
RECOMMENDATION:
Sec. 142-693. Permitted uses.
(2) (ii) Outdoor music, whether amplified or non-amplified, and television sets shall be prohibited.
“Seating on the main roof shall not be permitted under any circumstances.”
REFERRAL:
Refer to Planning and Land Use & Development Committee by acclamation the Ordinance about
noncompliance use and the length of time. Thomas Mooney to place on agendas and handle.
Pursuant to Section 2-13 of the Code, motion accepting the Land Use and Development
Committee’s recommendation of this Ordinance was made by Commissioner Alemán, seconded
by Commissioner Malakoff; Voice vote: 7-0.
Thomas Mooney, Planning Department Director, introduced the item, and stated that between
first and second reading, they propose to add language under (2)(ii) “seating on the main roof
shall not be permitted under any circumstances.”
Commissioner Malakoff stated that on Page 634 the problem is the legal conforming use. She
does not want to open the door to another Bikini Hostel on West Avenue, which received a legal
conforming use and they can continue to have their outdoor bar and disturb W est Avenue. She
asked why have legal nonconforming use South of Fifth.
Eve Boutsis, Chief Deputy City Attorney, explained that it is the recommendation of staff and the
Office of the City Attorney to modify the legal nonconforming use section and extend that, so that
within a six-month period, if they get a new tenant they can have 12 months.
Commissioner Malakoff does not mind giving them 12 months, but the legal nonconforming use is
perpetual.
Discussion held.
Vice-Mayor Grieco stated that his goal, as sponsor of the legislation, is not to decrease the
current uses, but to take a snapshot of the neighborhood and continue it further, and it is also
about legal conforming when it came to the operating hours. This item has been discussed and
approved at Land Use & Development Committee and the Planning Board approved it with this
language. This was a product of collaboration with the business community, which was afforded a
voice, with the goal of maintaining the uses to allow folks to have a comfort level and avoid their
properties from being devaluated.
Commissioner Malakoff explained that legal conforming means that you can have that use over
time forever. If there is a change of management, the property owner has six months to find a
new tenant, or they can transfer over the same name of the business.
Mayor Levine asked for clarification, if someone owns a building in Miami Beach, and that
property is sold, does the guarantee go with it.
Thomas Mooney, Planning Department Director, explained that the same use remains, and if
there is a legal nonconforming restaurant that is sold and the new owner assumes the license,
they can continue to operate that. Legal conforming use means that they can expand that use
and that use can be in perpetuity, whether it is vacated for six months, or needs the other
nonconforming standards.
Mayor Levine asked why they are giving South of Fifth the special treatment.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 40
Mr. Mooney added that this was the direction of the Land Use & Development Committee.
Commissioner Steinberg commended everyone for working on this Ordinance; however, she
suggested removing language on Page 634, under subsection (vi).Any such alcoholic beverages
establishment shall be deemed a “legal conforming use,” and may retain all and apply for new
expansions and modifications to permitted, conditional and/or accessory uses permitted as of
June 28, 2016, and separately refer to Land Use & Development Committee and Planning Board
an Ordinance change to non-conforming use, that way they can go from 18 months to give them
that time. This will resolve the issue and give them flexibility to find a tenant.
Mayor Levine again asked why they are getting special treatment and inquired what the policy is
in the City as a whole.
Mr. Mooney explained that in this instance, as was the case with the Bikini Hostel and the
Mondrian, when the ban on hotels was implemented on West Avenue, there was a proposal to
vest these properties, and the same proposal is being made now.
Frank Del Vecchio stated that Vice-Mayor Grieco went to great lengths to work on this Ordinance.
These six establishments have been in the City for 10 to 15 years: Monty’s, Big Pink, Smith &
Wollensky, China Grill, Radio Bar, Kabali and Joe Stone’s Crab. The business community was
concerned and there was support of the Ordinance. It is not the intention of the South of Fifth
community to put these people out of business. The non-conforming use provision provides that if
a restaurant goes “dark” for six months, then they lose their nonconforming status. This is not
realistic especially in today’s market. An option to examine is to extend the period of legal
nonconforming use of being “dark” from six months to 12 months. Another provision from 18
months should be extended to 24 months.
Raul J. Aguila, City Attorney, agrees with what Mr. Del Vecchio is saying and what Vice-Mayor
Grieco is saying; as this is a policy matter. The period of the nonconforming use, or “dark” period
is too short now, but the concern is that case law does not recognize hours of operations as a
vested or property right, and he is concerned that they are setting a precedent. If the sponsor of
the Ordinance would accept a discussion that they work with him to perhaps extend the period of
the non-conforming use to continue to exist, that may be a powerful option. That is the legal
concern, whether directly or indirectly they are creating vested rights and he does not want to set
a precedent.
Vice-Mayor Grieco’s concern is that they are buying from the businesses; they also have the
support of the businesses, this is an important piece, and he thinks their collaboration is relevant.
This is a quality of life issue, in trying to stop the 5:00 a.m. licenses in predominantly residential
areas. He wants everyone to embrace it without devaluing people’s properties and added that two
of the properties are City-owned. He deferred to the City Attorney on how to address procedurally
the issue.
f
City Attorney Aguila stated that the legal concern is that they are creating in effect a property
right, and by extending the period for a legal nonconforming use, that may be a reasonable
alternative. That is a policy call. The law also says that there is no legal requirement that hours of
operation be uniform throughout the City. The City Commission has the discretion to consider
different hours of operation for different district based upon health, safety and welfare concern s.
Again, this is a policy call and he knows how hard Vice-Mayor Grieco has worked on this.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 41
Eve Boutsis, Chief Deputy City Attorney, added that the Planning Board heard the alternative
language about extending the time for legal nonconforming, lawyers and representatives of the
restaurants were at that meeting, and she suggested that perhaps between first and second
reading, they can work on the language and bring it back.
Frank Del Vecchio spoke.
Mayor Levine is not comfortable with the item as is, and suggested bringing it back in September.
Commissioner Malakoff agrees to discuss further and bring back in September. She is not in
favor of adding another nonconforming use.
Discussion continued.
Mayor Levine suggested organizing the item and bringing it back in September.
Vice-Mayor Grieco stated that this is his item and his neighborhood. The South of Fifth neighbors
have been fighting for this, and he is here to fight for them. This is a quality of life item. When
trying to protect neighborhoods, the City Commission listens to the business owners affected;
however, if they defer this to September because it needs more work, expect the same results.
Jim Rauh, representing Big Pink, stated that his client has served the City for 20 years, and it is
one of the greatest assets as a diner; they serve customers that come late at night without any
problems. If this Ordinance is passed, there are tremendous adverse, legal effects. If the venue is
closed for six months or more, due to fire or natural disaster, they would lose that use. They could
never increase by one seat, one square foot, or any aspect of the business, which is always a
possibility. They are asking that this venue not feel the impact of a penalty.
Mayor Levine stated he will vote no, and would like to defer to September.
Raul J. Aguila, City Attorney, recommended enacting the Ordinance as drafted on first reading,
implement zoning in progress, work with Vice-Mayor Grieco and analyze this between first and
second reading. The intent of this legislation is not to proliferate any more alcoholic
establishments in South of Fifth.
Commissioner Malakoff agreed and stated that what Vice-Mayor Grieco said is very important;
they do not want people trying to get new 5:00 a.m. licenses, and with zoning in progress it would
prevent this from happening until September.
Commissioner Steinberg suggested removing the subsection she previously mentioned.
Discussion was continued regarding language removal.
City Attorney Aguila explained that it is dangerous to start drafting changes after a long meeting
and at this time of night. He recommended passing this on first reading, accept the Planning
Board recommendation, and let the Office of the City Attorney work with the Vice -Mayor to come
up with the proper language and bring it back to the City Commission. The important thing to do
is enact zoning in progress and adopt this Ordinance.
Commissioner Malakoff added that she will vote for it only if it addresses non-conforming uses in
the language.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 42
Vice-Mayor Grieco is concerned about what Mr. Rauh stated and added that maybe they need to
reassess what triggers the nonconforming use, and that may be a larger conversation, but it is
more than going “dark”; it is about what triggers the inability to maintain current uses. This has to
be readdressed. If the restaurants go “dark” for a year, that affects property values.
Mayor Levine agreed with Commissioner Malakoff and added that if there is not a tight window
(time frame), he will not be voting on second reading.
Frank Del Vecchio spoke.
Discussion continued.
City Attorney Aguila repeated his recommendation.
Motion made by Vice-Mayor Grieco to adopt on first reading as is; if changes are needed they will
address between first and second reading; seconded by Commissioner Alemán.
Commissioner Alemán added that no one wants these wonderful proprietors from going out of
business, but then they do not want to create super property rights that no one else in the City
enjoys, and she has no intention to do that.
Discussion held.
Commissioner Steinberg suggested referring the Ordinance about noncompliance use and the
length of time to Land Use & Development Committee. Referred by Acclamation.
Handouts or Reference Materials:
1. Ad No. 1165 published in The Miami Herald
2. Ad No. 1172 published in The Miami Herald
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 43
7:22:53 p.m.
R5J Comprehensive Plan - Peril Of Flood
An Ordinance Amending The Comprehensive Plan Pursuant To The Procedures In Section
163.3184(3), Florida Statutes, By Modifying Chapter 1, Future Land Use Element, To Encourage
The Use Of Landscaping Techniques That Enhance Stormwater Management And To Modify
The Level Of Service For Storm Sewer Capacity; Chapter 5, Infrastructure Element, To Require
That The Land Development Regulations Include A Freeboard Requirement For New
Construction, To Modify The Level Of Service For Drainage Facilities Design Storm Standard,
And To Incorporate The Use Of Stormwater Storage And Infiltration In Infrastructure
Replacement Activities; Chapter 6, Conservation/Coastal Zone Management Element To
Encourage The Use Of Highly Water-Absorbent Native Plants And To Designate The City Of
Miami Beach As An Adaptation Action Area (AAA) Pursuant To Section 163.3177(6)(g)(10),
Florida Statutes; Chapter 8, Intergovernmental Coordination Element, To Require Coordination
Between Agencies Addressing Issues Related To Sea Level Rise And Climate Change; Providing
For Inclusion In The Comprehensive Plan; Transmittal; Repealer; Severability; And An Effective
Date. 5:07 p.m. First Reading Public Hearing
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
ACTION: Title of the Ordinance read into the record. First Reading, Public Hearing held.
Ordinance approved on first reading. Motion made by Commissioner Malakoff; seconded by
Commissioner Alemán; Ballot-vote: 7-0. Second reading, Public reading scheduled for
September 14, 2016. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission
Agenda, if received. Thomas Mooney to handle.
Pursuant to Section 2-13 of the Code, motion accepting the Land Use and Development
Committee’s recommendation of this Ordinance was made by Commissioner Malakoff, seconded
by Commissioner Alemán; Voice vote: 7-0.
Commissioner Malakoff stated that the idea is to allow more Stormwater infiltration and
encourage planting vegetation so the water has a place to flow down. She encouraged her
colleagues to vote for climate adaption and mitigation.
Handouts or Reference Materials:
1. Ad No. 1165 published in The Miami Herald
2. Ad No. 1173 published in The Miami Herald
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 44
6:10:32 p.m.
R5K Short-Term Rentals On Harding Avenue North Beach
An Ordinance Amending The Code Of The City Of Miami Beach, Subpart B, Entitled “Land
Development Regulations,” Of Chapter 142, Entitled “Zoning Districts And Regulations,” By
Amending Division 2, Entitled “Accessory Uses”; By Amending Article IV, Entitled “Supplementary
District Regulations,” By Amending Division 3, Entitled “Supplementary Use Regulations,” By
Amending Section 142-1111, Entitled “Short-Term Rental Of Apartment Units Or Townhomes,”
By Creating A New Subsection (d), Which Establishes Eligibility Requirements For Short -Term
Rental Of Apartment And Townhome Residential Units In North Beach; Limiting The Eligibility To
Those Properties Fronting Harding Avenue From The South Side Of 73rd Street To The Northern
Boundary Of The City; By Establishing Conditions Precedent Before A Property Owner Is Legally
Authorized To Engage In Short-Term Rentals; And Require The Property To Be Fully Renovated
And Restored In Accordance With Those Delineated Standards Set Forth In Subsection (d)(1),
Which Must Be Accomplished Prior To The Issuance Of The Business Tax Receipt Permitting
Short-Term Rentals; And Providing For Repealer, Severability, Codification, And An Effective
Date. 5:08 p.m. First Reading Public Hearing
(Sponsored by Vice-Mayor Michael Grieco and Co-Sponsored by
Commissioner John Elizabeth Alemán and Commissioner Ricky Arriola)
(Legislative Tracking: Planning)
ACTION: Title of the Ordinance read into the record. First Reading Public Hearing held.
Ordinance approved on first reading as amended. Motion made by Vice-Mayor Grieco;
seconded by Commissioner Alemán; Ballot-vote: 5-2; Opposed: Commissioners Rosen Gonzalez
and Steinberg. Second reading, Public reading scheduled for September 14, 2016. Rafael E.
Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas
Mooney to handle.
AMENDMENTS:
(d) Eligibility within North Beach. Properties that have buildings classified as “contributing” in
the North Shore National Register Historic District, and are zoned RM-1 in North Beach may
be eligible to apply for approval of a certificate of use permitting short-term rental of apartment
and townhome residential units. Eligibility set forth herein, is limited to those properties fronting
Harding Avenue, from the City Line on the north, to 73rd Street on the south, and may be
eligible for short-term rentals, provided, the following conditions, requirements, and provisions
are satisfied:
Include a Property Manager for the corridor.
Commissioner Malakoff to participate actively in the process and review language.
Pursuant to Section 2-13 of the Code, motion accepting the Land Use and Development
Committee’s recommendation of this Ordinance was made by Vice-Mayor Grieco, seconded by
Commissioner Malakoff; 5-2; Opposed: Commissioners Rosen Gonzalez and Steinberg.
Mayor Levine stated that he is against short-term rentals, but he is confused on the item. He
asked Daniel Ciraldo if this is a good thing.
Daniel Ciraldo stated that in general, this is worth trying out in some areas.
Commissioner Rosen Gonzalez thinks this is going to destroy communities, but stated that if the
onsite management requirement is put back she will consider it.
Aleksandr Boksner, Chief Deputy City Attorney, stated that the Ordinance distributed addresses
typographical concerns and to address Commissioner Alemán’s concern, he read the language
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 45
(underlined) and the added language (double underlined) into the record: (d) Eligibility within
North Beach. Properties that have buildings classified as “contributing” in the North Shore
National Register Historic District, and are zoned RM-1 in North Beach may be eligible to apply
for approval of a certificate of use permitting short-term rental of apartment and townhome
residential units. Eligibility set forth herein, is limited to those properties fronting Harding Avenue,
from the City Line on the north, to 73rd Street on the south, and may be eligible for short-term
rentals, provided, the following conditions, requirements, and provisions are satisfied. In
reference to the elimination of one component, he turned to Tom Mooney.
Thomas Mooney, Planning Department Director, introduced the item. At the June 28 meeting the
Planning Board recommended that it be approved by a 5/0 vote, and recommended that (d)(6) be
stricken, as it overlaps with (d)(9)(d) in the proposed Ordinance. He added that section (7)(D)
deals with management, (D) Contact person. All rentals must be supervised by the owner,
manager or a local and licensed real estate broker or agent or other authorized agent licensed by
the city, who must be available for contact on a 24-hour basis, seven days a week, and who must
live on site or have a principal office or principal residence located within the districts identified in
subsection (a).
Discussion held.
Commissioner Steinberg is not in favor of this Ordinance for a number of reasons.
Commissioner Alemán explained that this is for Harding Avenue only, and the amendment read
into the record is only for contributing structures; there is a minimum stay of seven days and in
regards to on-site management, she agrees, as long as they live or have their offices within the
district, and are available 24/7 to answer concerns. This is a preservation initiative to promote the
economics behind this corridor and preserving these buildings.
Commissioner Malakoff stated that this item was discussed at Land Use & Development
Committee and an agreement was reached that buildings had to be restored upfront, before there
can be an issue of term rentals. Subsequently, she is co-sponsoring an item with Commissioner
Alemán that will try to stop illegal short-term rentals in the City, but she has spoken to residents
where there are short-term rentals for and against; she also spoke to the Greater Miami Beach
Hotel Association and they feel that if there are short-term rentals in this Harding Corridor, the
minimum stay should be at least 30 days. When Europeans want to spend a month or two in
Miami Beach, they could certainly stay here if this was allowed. She thinks the mix of short-term
and long-term rentals causes problems. North Beach is a wonderful place to invest money at this
time and it will be a more beautiful place, and she knows how important it is to have the buildings
restored.
Commissioner Arriola added that he has been discussing the item for over two years; the intent is
for historic preservation largely and adaptive reuse of these buildings; these are apartments that
are garden style apartments and not high-end by any means, they are hard to rent, and so a
landlord is faced with tough decisions, to invest, renovate or demolish and reconstruct, which is
counteractive to what the City is trying to do in North Beach. By adaptive reusing for “extended
stays” (he likes using this term rather than using short-term), it allows for tourists, seasonal
individuals or workers to come and stay at kitchenettes and they cannot do that at hotels due to
the expense or lack of kitchens. This is addressing a niche in the market in a very limited area. It
is an experiment limited in geography. If it works, it is something the Commission can look at in
other areas while they are trying to do historic preservation.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 46
Vice-Mayor Grieco added that the item has been discussed at committees repeatedly. He added
that Option B is when the Moratorium is lifted, if it is not a Local Historic Districts, they can choose
to demolish these buildings and build a hotel. Option C if they lift a Moratorium and create a
historic district, they can convert these buildings into hotels. This is giving them the adaptive
reuse to restore these buildings and have a positive impact in the area. Option B or C is probably
not where they want to go but that is what property owners want to do and are prepared to do. If
this does not get the required number of votes, Options B and C are a reality.
Discussion continued.
Mr. Mooney explained that these buildings are in the National Registry District, which does not
have local historic district protection. North Beach Master Planner has identified Harding Avenue
as one potential local district, but currently there is no protection. Because of the Moratorium
passing on second reading today, there will be a six-month prohibition on demolition, but when
the Moratorium ends, there is no local designation.
Discussion continued regarding conversion of buildings to hotels.
The following individuals spoke:
Rick Kendle
Mathis Cohen, on behalf of the property owner
Kirk Pascal
Michael Larkin, North Beach Association
Discussion continued regarding transients rentals.
Commissioner Arriola believes this creates an incentive for property owners to have “extended
stays.”
Commissioner Steinberg explained that there are four items on the Commission Agenda dealing
with short term rentals; even in areas where short term rentals are permitted they have had
issues, whether there are permitted uses or illegal uses, they have issues with short term rentals,
and she wants to know why they are opening the door to this. They talk about workforce housing
and there is a paradox here.
Discussion continued regarding property management.
Michel Larkin suggested having a property manager either live in the building or have a sign with
the contact information. At times, there is one owner with multiple buildings and have one
property management within one corridor living in one of the buildings, and that person has
access to all buildings and can address unruly behavior. If a single building, it must have one unit
set aside for property manager.
Motion made by Vice-Mayor Grieco to amend with the provision to include a property manager for
the corridor for this reading and come back with formal language for second reading. Additionally
he requested that Commissioner Malakoff participate actively in the process so the language be
generated and vetted through her office.
Handouts or Reference Materials:
1. Ad No. 1165 published in The Miami Herald
2. Ad No. 1174 published in The Miami Herald
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 47
3. Bound book from Carillon Miami Beach RE: Support for Proposed Ordinance “Short Term Rentals in
North Beach.
2:54:21 p.m.
R5L TC North Beach Town Center Districts
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142, "Zoning Districts And Regulations" Article II "District
Regulations," Division 20 "TC North Beach Town Center Districts," To Increase The Allowable
Height For Buildings In The TC-1 Town Center Core District To 125 Feet And To Modify Setback
Requirements; Providing For Repealer; Severability; Codification; And An Effective Date. First
Reading
(Sponsored by Commissioner John Elizabeth Alemán)
(Legislative Tracking: Planning)
ACTION: Title of the Ordinance read into the record. Ordinance approved on first reading.
Motion made by Commissioner Alemán; seconded by Commissioner Malakoff; Ballot-vote: 5-2;
Opposed: Commissioners Rosen Gonzalez and Steinberg. Second reading, Public reading
scheduled for September 14, 2016. Rafael E. Granado to notice. Lilia Cardillo to place on the
Commission Agenda, if received. Thomas Mooney to handle.
Pursuant to Section 2-13 of the Code, motion accepting the Land Use and Development
Committee’s recommendation of this Ordinance was made by Commissioner Malakoff, seconded
by Commissioner Alemán; Voice vote: 7-0.
Thomas Mooney, Planning Department Director, explained that this particular item has been
endorsed by the Land Use & Development Committee and the Planning Board. The boundaries
have been expanded to include all of the TC-1 District or Town Center area, and the proposal
specifically is to allow maximum building height to go from the current 75-feet to 125-feet, and
from seven stories at the request of the Planning Board and Land Use & Development
Committee, setbacks for properties fronting on 71st Street would be included as part of any
height exceeding 75-feet. Additionally, it was requested to add for a second reading an amended
whereas clause confirming that this Ordinance is consistent with the recommendations of the
North Beach Master Planner.
Commissioner Alemán stated that the Ordinance is completely consistent with the Master Plan,
there is no FAR increase associated with it, and it creates the Town Center and allows them to
increase density. The only argument against doing this now is the concept of a TDR (Transfer of
Development Rights) program. There are great deals of steps needed to create this program,
such as districting, referendum and it will take time. To do nothing until they have the Master Plan
in place is a recipe for stagnation. They need to show that they are serious about the Master Plan
and they intend to see it through.
Commissioner Rosen Gonzalez does not understand why the need to see the height increase
before the Master Plan is ratified and approved by the City Commission. She thinks that height
increases and density developments demonstrate that it is not worth to develop within the current
height, which is probably the reason North Beach over time has remained low density and it has
not been developed. She is not sure if the City will regret this moving forward and thinks the area
will lose some charm. She added that 5,000 residents recently signed a petition that all future
height increases are going to have to go to referendum to the public probably on the November
ballot. She stated that over the past 15 years there have been over 15 height increases.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 48
Commissioner Malakoff mentioned that she attended most of the North Beach Master Planner
meetings and has seen the program for the Town Center; it is going to be the hub of
communitywide importance for businesses, offices, retail, government services, and some
entertainment. The reason for additional height for the building is that it will assist the
neighborhood to provide a stimulus for new commercial and residential uses. It is important that
they start on the Master Planner’s vision immediately. When talking about height they are
referring to 10-feet, or a one-story building, so there will be walkability, and there will not be
skyscrapers.
Thomas Mooney, Planning Department Director explained that the first four floors of a building
would have to meet the setback, as recommended by the Master Planner, in order to begin
improving sidewalk connectivity. Above four floors, the setback would be 25 feet.
Discussion held.
Mayor Levine commented that the Master Plan and all that it entails was carefully planned, and
now that the Master Planer has come up with recommendations he wants to know if their
recommendations are going to be accepted or not.
Commissioner Arriola explained that the Master Plan calls for a height increase planned into the
Town Center, and they need to be consistent with that. The ballot initiative mentioned is probably
why this issue is on the table. The height increase is 10-feet or less and the FAR, which has to be
voted on by voters, protects against the City turning into “Sunny Isle.” He would appreciate the
leadership of the City stopping this demagoguery. A height increase is four, five or 10-feet, and
now they are going to have at some point a referendum that puts back into the hands of voters
any height increase of more than three-feet. That is what this demagoguery has led to and it has
been misleading.
Commissioner Steinberg stated that the Master Planner has come up with recommendations, and
for the most part, it has been a very, wonderful, positive process. In this instance, the steering
committee is in favor of such change; however, the Master Plan, just to be fair, has not been
ratified yet, and there might be more tweaks between now and when it is formally approved, but
there is a balance that needs to happen. She understands the need for the increase, but also
understands that they have people that want to compliment that with the designation of the
historic areas, and asked why not do both at the same time. She suggested going forward and
adding the other component of the designation.
Motion made by Commissioner Alemán; seconded by Commissioner Malakoff.
Rafael E. Granado, City Clerk, asked for clarification if the motion has to be amended on second
reading with an additional Whereas clause.
Thomas Mooney stated that motion does not have to be amended.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 49
3:05:52 p.m.
R5M Below Grade Floor Area - Contributing Buildings
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter
114, “General Provisions,” By Amending The Definition Of Floor Area; Which Definition Is
Consistent With The Definition Of Floor Area Ratio (FAR) As Existed On November 7, 2001, Thus
Ensuring Compliance With Section 1.03(c) Of The Charter; Providing For Repealer, Severability,
Codification And An Effective Date. First Reading
(Sponsored by Commissioner John Elizabeth Alemán)
(Legislative Tracking: Planning)
ACTION: Title of the Ordinance read into the record. Ordinance approved on first reading.
Motion made by Commissioner Alemán; seconded by Vice-Mayor Grieco; Ballot-vote: 7-0.
Second reading, Public reading scheduled for September 14, 2016. Rafael E. Granado to notice.
Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to handle.
Eve Boutsis, Chief Deputy City Attorney, explained that the City Charter Section 1.03 prevents
any FAR increases beyond that which existed in November 2001. Until two years ago, the
definition of FAR gave a half value to basements; two years ago this was changed to make it a
full value of the FAR. This Ordinance would take it back to the half value existing in 2001 and is
consistent with the FAR.
Thomas Mooney, Planning Department Director, stated that this is being done because in 2014,
the City Commission amended the Code to remove the half FAR bonus for partial basements; full
basements below grade continues to be zero FAR, but partial basements only counter as half.
That was removed as part of a proposal to better define a partial basement. At this time, they are
proposing to reintroduce that, but only for existing contributing buildings in historic districts that
already have a partial basement, so they continue to take advantage of the one-half bonus and
give them more flexibility for the restoration of structures. This is reintroduced in a very limited
capacity. The Planning Board endorsed it and the Administration is recommending approval.
Vice-Mayor Grieco stated that in 2014, this was done to avoid people from building new
structures and avoiding building half basements and being charged for half the FAR; this resulted
in unintended consequences for certain buildings in the historic districts.
Motion made.
No further discussion.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 50
R5N Chapter 126 Landscape And Chapter 46 Non-Specimen Trees Ordinances
1. An Ordinance Amending The Land Development Regulations (LDRs) Of The City Code,
By Amending Chapter 126, “Landscaping,” By Expanding The Applicability, Submittal
Requirements For Landscape Plans, Expanding Minimum Landscape Standards,
Detailing Maintenance Requirements For Required Landscaping, And Establishing A Tree
Trust Fund For The Deposit Of Funds Generated From Not Complying With Landscape
Requirements; By Amending Chapter 130, Entitled “Off-Street Parking,” Article III, Entitled
“Design Standards,” To Incorporate Landscape Standards For Temporary And Provisional
Parking Lots Into The City Of Miami Beach Landscape Ordinance; Providing For
Codification; Repealer; Severability; And An Effective Date. First Reading
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(Continued from May 11, 2016 – R5M1)
ACTION: Item withdrawn by Commissioner Malakoff.
2. An Ordinance Amending The Land Development Regulations (LDRs) Of The City Code,
By Amending Chapter 46, “Environment”, Article II, “Care And Maintenance Of Trees And
Plants”, Division 2, “Tree Preservation And Protection,” By Modifying The Diameter At
Breast Height Of Non-Specimen Trees; Providing For Codification, Repealer, Severability
And An Effective Date. First Reading
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(Continued from May 11, 2016 - R5M2)
ACTION: Item withdrawn by Commissioner Malakoff.
3:09:14 p.m.
R5O An Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance Of The
City Of Miami Beach, Florida, As Follows: In Accordance With The Negotiated Collective
Bargaining Agreement, Providing For The Classifications In Group III, Repre sented By The
International Association Of Fire Fighters, (IAFF), Local 1510; Effective The First Pay Period
Ending In April Of 2016, There Shall Be An Across The Board Cost-Of-Living Adjustment (COLA)
Of One Percent (1%), And The Minimum And Maximum Of Each Pay Range Will Also Be
Increased By One Percent (1%); Effective The First Pay Period Ending In July Of 2017, There
Shall Be An Across The Board Cost-Of-Living Adjustment (COLA) Of Three Percent (3%), And
The Minimum And Maximum Of Each Pay Range Will Also Be Increased By Three Percent (3%);
Effective The First Pay Period Ending In July Of 2018, There Shall Be An Across The Board
Cost-Of-Living Adjustment (COLA) Of Three Percent (3%), And The Minimum And Maximum Of
Each Pay Range Will Also Be Increased By Three Percent (3%); Repealing All Ordinances In
Conflict; Providing For Severability, An Effective Date And Codification. First Reading
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Human Resources)
ACTION: Title of the Ordinance read into the record. Ordinance approved on first reading.
Motion made by Commissioner Alemán; seconded by Commissioner Malakoff; Ballot-vote: 7-0.
Second reading, Public reading scheduled for September 14, 2016. Rafael E. Granado to notice.
Lilia Cardillo to place on the Commission Agenda, if received. Sylvia Crespo-Tabak to handle.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 51
Sylvia Crespo-Tabak, Human Resources Department Director, introduced the item. It is a change
to the Classified Salary Ordinance, and these items will be brought to the City Commis sion every
time there is a new contract ratified. The IAFF was ratified earlier, but without this Ordinance staff
cannot add the negotiating salary issues into effect.
No further discussion held.
3:12:03 p.m.
SUPPLEMENTAL MATERIAL 2: MEMORANDUM & ORDINANCE
R5P An Ordinance Amending Chapter 31 Of The Code Of The City Of Miami Beach, Entitled
“Purchasing,” By Creating Article III, To Be Entitled “Local Workforce Participation Program For
City Construction Contracts,” To Establish Workforce Participation Goals And Reporting
Requirements For City Construction Contracts In Excess Of $1,000,000 For The Construction,
Demolition, Alteration And/Or Repair Of City Buildings, City Public Works, And Buildings Or
Improvements Located On City-Owned Land; Providing For Repealer, Severability, Codification,
And An Effective Date. First Reading
(Sponsored by Commissioner Micky Steinberg).
(Legislative Tracking: Procurement/City Attorney)
ACTION: Title of the Ordinance read into the record. Ordinance approved on first reading.
Motion made by Commissioner Steinberg; seconded by Vice-Mayor Grieco; Ballot-vote: 7-0.
Second reading, Public Hearing scheduled for September 14, 2016. Rafael E. Granado to notice.
Lilia Cardillo to place on the Commission Agenda, if received. Alex Denis and Office of the City
Attorney to handle.
Commissioner Steinberg has always stressed the need to get local residents the first shot at jobs.
When the Convention Center project came up she wanted to insert the aspirational language to
try to pull from the local workforce, and it actually exceeded their expectations, and since them
they are included in larger contracts, as a matter of policy. Her goal is to codify that policy to
reinvest back in the community and give residents and the community at large the first
opportunity at jobs when contracts are over $1 million. She believes that the 30% reporting is
important, as it requires local workforce to report their efforts, and this is a good step in the right
direction.
Alex Dennis, Procurement Director, added that this Ordinance establishes a goal of 30% local
workforce for City construction contracts over $1 million. The goal is aspirational and the reporting
is a requirement.
Discussion held.
Commissioner Steinberg clarified that the workforce is to be pulled first from Miami Beach and
then from Miami-Dade County.
Alex Denis, Procurement Director, clarified that the 30% reporting applies to County residents
and the reporting requirements require contracts, both on Miami Beach, and Miami-Dade County.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 52
3:15:22 p.m.
R5Q An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled
“Administration,” By Amending Article III, Entitled “Agencies, Boards, And Committees,” By
Amending Division 15, Entitled “Miami Beach Sister Cities Program” And Division 16, Entitled
“Miami Beach Youth Commission” To Remove “Miami Beach” From The Name Of The Sister
Cities Program And The Youth Commission; And, Further Amending Chapter 62, Entitled “Human
Relations,” By Amending Article II, Entitled “Discrimination,” By Amending Division I, Entitled
“Generally,” By Amending Section 62-34 Thereof, Entitled “City Of Miami Beach Human Rights
Committee Established,” To Remove “City Of Miami Beach” From The Name Of The Committee;
And Providing For Repealer, Severability, Codification, And An Effective Date. First Reading
(Sponsored by Commissioner John Elizabeth Alemán)
(Office of the City Attorney)
ACTION: Title of the Ordinance read into the record. Ordinance approved on first reading.
Motion made by Commissioner Alemán; seconded by Vice-Mayor Grieco; Ballot-vote: 7-0.
Second reading, Public reading scheduled for September 14, 2016. Rafael E. Granado to notice.
Lilia Cardillo to place on the Commission Agenda, if received. Office of the City Attorney to
handle.
Commissioner Alemán explained that all boards and committees are for Miami Beach, and it is
redundant to add Miami Beach in front of their names. This is proposed in order to have the name
of these boards and committees in alphabetical order and for easy use.
No further discussion held.
4:26:06 p.m.
4:27:10 p.m.
SUPPLEMENTAL MATERIALS 1: MEMORANDUM & ORDINANCE
R5R An Ordinance Amending The Miami Beach Human Rights Ordinance (Ordinance No. 2010-3669),
By Amending Chapter 62, Entitled “Human Relations,” By Amending Article II, Entitled
“Discrimination,” By Amending Divisions 1-4, Entitled “Generally,” “Administration,” “Regulations,”
And “Exceptions,” By Amending Sections 62-31, Entitled “Definitions;” 62-33, Entitled “Purpose;
Declaration Of Policy;” 62-37, Entitled “Duties And Powers;” 62-59, Entitled “Information On
Complaint;” 62-86, Entitled “Discrimination In Employment;” 62-87, Entitled “Discrimination In
Public Accommodations;” 62-88, Entitled “Discrimination In Housing;” 62-88.1, Entitled
“Discrimination In Public Services;” 62-90, Entitled “Municipal Facilities;” 62-91, Entitled
“Municipal Funds;” 62-111, Entitled “Employment;” And 62-112, Entitled “Housing;” To Amend
The Protected Classes Within The Ordinance To Include The Following Categories: Ancestry,
Height, Weight, Domestic Partner Status, Labor Organization Membership, Familial Situation,
And Political Affiliation; And By Amending Sections Those Same Additional Categories And To
Provide That The Human Rights Ordinance Shall Apply To Actual And Perceived Membership In
A Protected Class; And Providing For Repealer, Severability, Codification, And An Effective Date.
First Reading
(Sponsored by Commissioner John Elizabeth Alemán)
(Office of the City Attorney)
ACTION: Title of the Ordinance read into the record. Ordinance approved on first reading.
Motion made by Commissioner Alemán; seconded by Vice-Mayor Grieco and Commissioner
Steinberg; Ballot-vote: 7-0. Second reading, Public reading scheduled for September 14, 2016.
Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Office
of the City Attorney to handle.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 53
Commissioner Alemán explained that at the May 3, 2016, the Miami Beach Human Rights
Committee meeting, members passed a Resolution to recommend considering amending the
Miami Beach Human Rights Ordinance to include the words “actual” or “perceived.” The
committee thought this language was necessary in order for perceived discrimination to receive
the same consequences as those that are verified. She further commended the members for the
research and due diligence done, by comparing several Ordinances from various municipalities
and comparing it with the City’s Ordinance. The Human Rights Committee added some
categories such as ancestry, height, weight, domestic partner status, labor organization
membership, familial situation and health and political party affiliation. She suggested the City
Code be amended to reflect the actual and perceived factor and the additional categories.
No further discussion held.
9:39:08 a.m.
R5S An Ordinance Amending Chapter 142 Of The City Code, Entitled “Zoning Districts And
Regulations,” Article II, “District Regulations,” Division 13, “MXE Mixed Use Entertainment
District,” By Creating Section 142-551 Thereof, Entitled “Additional Regulations For Alcoholic
Beverage Establishments,” To Terminate The Sale And Consumption Of Alcoholic Beverages At
Alcoholic Beverage Establishments Located On Ocean Drive Between 5th And 15th Streets
(Except For Indoor Portions Of Alcoholic Beverage Establishments That Are Completely
Enclosed And Located Entirely Within Hotels) At 2:00 a.m.; And Providing For Repealer,
Severability, Codification, And An Effective Date. First Reading
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Office of the City Attorney)
ACTION: See new Discussion Item R9W. Title of the Ordinance read into the record.
Handouts and Reference Materials:
1. Email from West Avenue Neighborhood Association (WAvNA), dated July 12, 2016
wavna305=gmail.com@mail219.atl1y1.mcdlv.net, RE: New Laws To Protect Our Neighborhood.
2. Email from AsianF@aol.com dated July 12, 2016 RE: URGENT MESSAGE from Laurence Feingold,
P.A., Retired Miami Beach City Attorney.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 54
4:29:14 p.m.
R5T An Ordinance Amending Chapter 102 Of The Code Of The City Of Miami Beach, Entitled
“Taxation,” By Amending Article V, Entitled “Local Business Tax,” By Creating Section 102-386
Thereof To Be Entitled “Property Owner’s Responsibilities Regarding Legally Permissible
Transient Rental And Occupancy (Short Term) Of Residential Property,” By Prohibiting Property
Owners From Advertising The Transient Rental Or Occupancy Of A Residential Property Without
The Submission Of Affidavit To The City, By Requiring The Affidavit To Confirm That The Land
Development Regulations Authorize Transient Rental And Occupancy; And Ensuring That The
Property Owner Obtains Compliance W ith Those Provisions Set Forth Within Chapter 102, And
Requiring Notification To Prospective Guests By Property Owners That Operate Independently Of
The Primary Hotel Operator; And Establishing A Penalty Provision For Violations Of This Section;
Providing For Repealer, Severability, Codification, And An Effective Date. First Reading
(Sponsored by Commissioners Joy Malakoff and John Elizabeth Alemán
and Co-Sponsored by Vice-Mayor Grieco)
(Legislative Tracking: Office of the City Attorney)
ACTION: Title of the Ordinance read into the record. Ordinance approved on first reading.
Motion made by Vice-Mayor Grieco; seconded by Commissioner Steinberg; Ballot-vote: 7-0.
Second first reading scheduled on September 14, 2016. Lilia Cardillo to place on the
Commission Agenda, if received. Office of the City Attorney to handle.
AMENDMENTS:
Double fines
c) If the named violator, after issuance of the notice of violation, fails to pay the civil fine, or
fails to timely request an administrative hearing before a special master, the special master
may be informed of such failure by report from the Police Officer or code enforcement officer...
Vice-Mayor Grieco to work with the Office of the City Attorney to come up with an additional
amendment that creates a robust fine structure for individuals that do not go through the
process of obtaining a BTR.
A (1) The property owner submits an affidavit to the City, under penalty or of perjury for each
residential property or unit (or any portion thereof, which states that the property owner:
Aleksandr Boksner, Deputy City Attorney, introduced the proposed Ordinance, which adds as a
first component a requirement to prohibit property owners from advertising the transient rental or
occupancy of a residential property without compliance with the City Code by means of an
Affidavit to the City. The second component is confirming that the Land Development Regulations
authorizes the transient rental or occupancy at the premises; the third component is ensuring that
the property owner obtains the business tax receipt (BTR) and that there is a resort tax certificate
account registered to allow the individual to collect resort tax and submit to the City. Further there
is an inclusion in Section 102.386 b. Has obtained a business tax receipt that has been issued to
the property owner for the purpose of engaging in the transient rental or occupancy of the
residential property or unit, as authorized by the City's Land Development Regulations:. This
section deals with apartment and condominium hotels operators to provide notification to
perspective guests that do not enjoy the same amenities and/or benefits as those hotel guests of
the property. They also have created penalty enforcement sections that Commissioner Malakoff
requested that for the third violation there will be a $4,000 fine, and $8,000 fine for the fourth
consecutive violation.
Commissioner Malakoff stated that enforcement and penalties are extremely important and that is
the reason she suggested doubling the fines. In addition, regarding section c, she suggested
adding the doubled underlined language; c) If the named violator, after issuance of the notice of
violation, fails to pay the civil fine, or fails to timely request an administrative hearing before a
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 55
special master, the special master may be informed of such failure by report from the Police
Officer or code enforcement officer. Aleksandr Boksner to correct between first and second
reading.
Deputy City Attorney Boksner added that after litigation in Federal court in California involving
airbnb in San Francisco, there will be a component added to prohibit a third party website from
advertising without obtaining proper verification.
Vice-Mayor Grieco explained that in areas where short-term rentals are legal, even if the land is
zoned for short-term rentals or transient rentals, if they do not obtain a BTR or secure the resort
tax number, the fine schedule is nominal. He requested, between now and second reading, or
even first second reading if the amendment is substantial, that a significant percentage of
operators that do not go through the process to obtain a BTR, should have the same fine
schedule and fine structure as well. He requested to work with Deputy City Attorney Boksner to
come up with an additional amendment that creates a robust fine structure for these individuals.
Discussion held regarding legal and “illegal” short-term rentals and Airbnb.
Aleksandr Boksner, Deputy City Attorney, explained that they will require a second first reading.
Commissioner Steinberg stated that on Page 755 under Section A (1), it should read under
penalty of perjury: A (1) The property owner submits an affidavit to the City, under penalty or of
perjury for each residential property or unit (or any portion thereof, which states that the property
owner:
R7 - Resolutions
4:39:43 p.m.
R7A A Resolution Setting 1) The Proposed Operating Millage Rate; 2) The Required Debt Service
Millage Rate; 3) The Calculated “Rolled-Back” Rate; And, 4) The Date, Time, And Place Of The
First Public Hearing To Consider The Millage Rates And Budgets For Fiscal Year (FY) 2016/17;
Further Authorizing The City Manager To Transmit This Information To The Miami-Dade County
Property Appraiser In The Form Required By Section 200.065, Florida Statutes.
(Budget & Performance Improvement)
ACTION: Resolution No. 2016-29484 adopted. Motion made by Commissioner Malakoff to
approve the Resolution; seconded by Vice-Mayor Grieco; Voice-vote: 7-0. Public Hearing
scheduled to September 14, 2016. Cintya G. Ramos to handle.
Cintya G. Ramos, Budget Director, introduced the item, which sets the maximum millage rate for
the budget.
City Manager Morales stated that the millage rate would be set at 5.8888, which is the lowest it
has been in the City since 1963.
Commissioner Alemán asked for clarification. She understands that it is difficult to lower the
millage rate, but what would be the property tax revenues if the millage rate were left as-is.
Ms. Ramos stated that having the millage rate set at 5.8888 would bring in a projected $160
million in property tax revenues for the City.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 56
Discussion held regarding leaving the millage rate at its current rate.
City Manager Morales clarified that the millage rate is going down because the debt service is
going down. Thusly, the City must lower the rate.
4:45:21 p.m.
R7B A Resolution Of The Board Of Directors Of The Normandy Shores Local Government
Neighborhood Improvement District Setting 1) The Proposed General Operating Millage Rate For
The Normandy Shores Neighborhood Improvement District; 2) The Calculated “Rolled-Back”
Rate; And, 3) The Date, Time And Place Of The First Public Hearing To Consider The Operating
Millage Rate And Budget For Fiscal Year (FY) 2016/17; Further Authorizing The City Manager To
Transmit This Information To The Miami-Dade County Property Appraiser In The Form Required
By Section 200.065, Florida Statutes.
(Budget & Performance Improvement)
ACTION: Resolution No. 2016-29485 adopted. Motion made by Commissioner Steinberg to
approve the Resolution; seconded by Commissioner Alemán; Voice-vote: 7-0. Public Hearing
scheduled to September 14, 2016. Lilia Cardillo to place on the Commission Agenda. Rafael E.
Granado to notice. Cintya G. Ramos to handle.
No discussion held.
4:46:00 p.m.
R7C A Resolution Approving And Authorizing The City Manager, Or His Designee, To Take The
Following Actions: Submit To The State Of Florida, Department Of Environmental Protection,
Requests For Inclusion In The Clean Water State Revolving Fund (CWSRF) And Drinking Water
State Revolving Fund (DWSRF) Programs’ Priority Lists; Submit To The State Of Florida,
Department Of Environmental Protection, Loan Applications For Construction Funds From The
CWSRF And DWSRF Programs; And, Establish Pledged Revenues And Execute Loan
Agreements For Construction Funds Through The CWSRF And DWSRF Programs To Finance
Proposed Water And Wastewater Projects; Approving And Authorizing The Appropriation Of The
Above Funds, Including Any City Expenses; And Further Authorizing The City Manager, Or His
Designee, To Take All Necessary Steps And To Execute All Necessary Documents Related To
The Above Actions And To Provide The Assurances And Commitments Required By The Loan
Applications.
(Budget & Performance Improvement)
ACTION: Resolution No. 2016-29486 adopted. Motion made by Commissioner Malakoff to
approve the Resolution; seconded by Commissioner Alemán; Voice-vote: 7-0. Allison Williams
and Cintya G. Ramos to handle.
Allison Williams, Chief Financial Officer, introduced the item. They are exploring the option of
applying for a State Revolving Loan for water and sewer projects. The State Revolving Loan
interest rate is 1% versus a 3-5% Bond interest rate. This could result in a $10 million savings
over a 20-year period.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 57
2:30:43 p.m.
R7D A Resolution Authorizing Two (2) Waivers Of Development Regulations, By A 5/7th Vote Of The
City Commission, After Public Hearing, Pursuant To Section 142-425(d), Of The City’s Code, For
The Altos Del Mar Park Project, And Adjacent Parking Lot, (Parking Lot No. P-106), Located At
75th Street And Collins Avenue, Within The Harding Townsite/South Altos Del Mar Historic District
And Within The Altos Del Mar Neighborhood: (1) A Waiver Of Section 142-802(3), Of The City
Code In Order To Reduce The Required Rear Setback From 10 Feet From The Bulkhead Line To
Three-feet, Five Inches (3’5”) In Order To Construct The Proposed Restroom And Storage
Building Within Parking Lot No. P-106; And (2) A Waiver Of Section 142-802(7), Of The City
Code, As The Existing Parking Lot (P-106) And Proposed Restroom Exceed The Oceanfront
Overlay Minimum Requirement That At Least 50 Percent Of The Required Rear Yard Setback Be
Open To The Sky And Landscaped. 10:30 a.m. Public Hearing
(Capital Improvement Projects/Planning)
(Deferred from April 13, 2016 - R7C)
ACTION: Public Hearing held. Resolution No. 2016-29487 adopted. Motion made by
Commissioner Arriola to approve the Resolution; seconded by Commissioner Malakoff; Voice-
vote: 7-0. David Martinez and Thomas Mooney to handle.
David Martinez, Capital Improvement Projects Director, introduced the item. He asked for a
waiver of regulations on the restroom facilities that will be part of the Altos del Mar project, which
was approved by the Historic Preservation Board with exception to the volleyball court lights. He
asked for a setback waiver to be reduced from 10 to 3½ inches at the east end of the property,
and not to comply with the required 50% open sky and landscape rear setback item.
Eve Boutsis, Chief Deputy City Attorney, asked for item R7J, that the public hearing on the
vacation of Atlantic Way be heard immediately after this item.
Mr. Martinez stated that the City Commission requested the size of the structure to be reduced to
1,058 square feet, and its height be reduced by five (5) feet. The Historic Preservation Board was
comfortable with the changes, and voted in favor of it.
Commissioner Malakoff stated that Altos del Mar requested the restroom and storage not be
located in the park, and it was moved to the east of the library, but she wonders if this is too far
east. It is her understanding that Altos del Mar will be a passive park, and will be heavily
landscaped where the trees will hide the restroom facilities.
Mr. Martinez explained that the restrooms were supposed to be located between the parking lot,
the Beachwalk, and the sliver of land that falls in between. The height of the structure is only 14
½ feet tall, and once the trees mature, he does not believe the facilities will be visible from the
nearest home sight to the north of the park.
Discussion held.
Betsy Perez congratulated CIP and the Parks Department for the wonderful job done, but many
neighbors are concerned about the lighting being too bright.
Handouts and Reference Materials:
1. Ad 1162 published in The Miami Herald
2. Photograph of Notice of Waiver for Altos del Mark Park, June 27, 2016
3. Altos del Mar labels
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 58
2:42:09 p.m.
R7E A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
And Approving A Term Sheet, Attached Hereto As Exhibit 1, For The Vacation Of 2,000 Square
Feet Within The Alley Known As Alton Court (Hereinafter The “Alley); Said Vacation In Favor Of
The Adjacent Property Owners, 1681 West Ventures, LLC And 1698 Alton Road Ventures, LLC
(Collectively The “Developer”); And Authorizing The Administration And City Attorney To
Negotiate A Development Agreement Based Upon The Approved Of The Term Sheet.
(Public Works)
ACTION: Resolution No. 2016-29488 adopted. Motion made by Vice-Mayor Grieco to approve
the Resolution; seconded by Commissioner Malakoff; Voice-vote: 5-2; Opposed: Commissioners
Rosen Gonzalez and Steinberg. Eric Carpenter to handle.
No discussion held.
Commissioner Arriola subsequently voted on the item at 2:45:06 p.m.
2:42:50 p.m.
R7F A Resolution Approving, On Second And Final Reading Of This Resolution And Following A Duly
Noticed Public Hearing, Pursuant To Section 82-37(a), Of The City Code, The Vacation Of 2,000
Square Feet Within The Alley Known As Alton Court (Hereinafter The “Alley”); Said Vacation In
Favor Of The Adjacent Property Owners, 1681 West Ventures, LLC And 1698 Alton Road
Ventures, LLC (Collectively The “Developer”); And Further Conditioning The Vacation Of The
Alley On: (1) The Issuance By The City Of Two Quit Claim Deeds; (2) The Granting Of An Access
And Use Easement By The Developer To The City; And (3) The Final Approval And Execution Of
A Development Agreement Between The City And The Developer. 10:35:00 a.m. Second
Reading Public Hearing
(Public Works)
(First Reading on June 8, 2016 - R7D)
ACTION: Public Hearing held. Resolution No. 2016-29489 adopted. Motion made by Vice-
Mayor Grieco to approve the Resolution; seconded by Commissioner Alemán; Voice-vote: 7-0.
Eric Carpenter to handle.
Jay Fink, Assistant Public Works Director, introduced the item, which refers to the vacation of
Alton Court. The Finance Committee recommends the approval of this item.
Daniel Ciraldo asked the City Commission to make sure the vacation of public land is done at
market value.
Commissioner Arriola explained that there were three different appraisals done to determine the
property’s value.
Discussion held.
Commissioner Alemán asked if there is a way to make sure the developer does not go through a
parking reduction, because that way the City will get 72-172 parking spaces it originally did not
have.
Michael Llorente, on behalf of the developer, stated they would be sure the project does not go
through parking reduction as requested by Commissioner Alemán.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 59
Handouts or Reference Materials:
1. Ad No. 1162 published in The Miami Herald
2:46:31 p.m.
R7G A Resolution Adopting The Fifth Amendment To The General Fund, Enterprise Fund, Internal
Service Fund And Special Revenue Fund Budgets For Fiscal Year (FY) 2015/16. 10:40 a.m.
Public Hearing
(Budget & Performance Improvement)
ACTION: Public Hearing held. Resolution No. 2016-29490 adopted. Motion made by Vice-
Mayor Grieco to approve the Resolution; seconded by Commissioner Alemán; Voice-vote: 6-1;
Opposed: Commissioner Steinberg. Cintya G. Ramos to handle.
City Manager Morales introduced the item that is asking for extra funds for projects taking place
throughout the City.
Cintya G. Ramos, Budget Director, stated that this item, if approved, would appropriate $750,000
of funding for contract maintenance and contracted services expenses in the Property
Management Department. These funds are needed in order for the Department to continue
necessary operations and keep building and accessories in acceptable condition. The necessary
funds would come from Property Management's fund balance.
Commissioner Steinberg stated that she believes the City Commission is getting too comfortable
with a rolling budget, and amendments need to be further scrutinized before approved.
Handouts or Reference Materials:
1. Ad No. 1162 published in The Miami Herald
2:48:19 p.m.
R7H A Resolution Accepting The Written Recommendation Of The City Manager (As Set Forth In The
City Commission Memorandum Accompanying This Resolution) And Waiving, By 5/7th Vote, The
Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City;
And Approving And Authorizing The Mayor And City Clerk To Execute A Use Agreement,
Substantially In The Form Attached To This Resolution, With Crown Castle Solutions LLC
(Licensee), Having A Term Of Nine (9) Years And 364 Days (Without Any Renewal Options);
Said Agreement Permitting Licensee To Install And Maintain, At Its Sole Cost And Expense, A
Small Cell Network System At The Miami Beach Convention Center, Including A Distributed
Antennae System (DAS), Equipment At A Radio Space, And All Associated Telecommunications
Cables And Connections, Having A Value Of Approximately $1 Million; Permitting Licensee To
Grant Licenses To Third Party Telecommunications Carriers, At Licensee’s Sole Option, For The
Use Of The Radio Space And DAS System; And Further Providing The City With An Up Front
Fee Of $25,000, Plus Monthly Payments Equal To Twenty-Five Percent (25%) Of The Net
Receipts Collected By Licensee, And A Lump Sum Of $25,000 Each Time Licensee Executes A
License Agreement With A Telecommunications Carrier.
(Tourism, Culture & Economic Development)
ACTION: Resolution No. 2016-29491 adopted. Motion made by Commissioner Alemán to
approve the Resolution; seconded by Commissioner Steinberg; Voice-vote: 6-0. Absent:
Commissioner Malakoff. Max Sklar to handle.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 60
Jimmy L. Morales, City Manager, explained that this item is in regards to Crown Castle installing
communication antennas throughout the City of Miami Beach.
2:49:19 p.m.
R7I A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At Its May 13, 2016 Meeting To Name The Accessible Playground At Allison Park For
Ms. Sabrina Cohen And, Pursuant To Section 82-503 Of The City Code, Setting A Public Hearing
For September 14, 2016, To Consider The Naming And Directing The City Clerk To Publish The
Appropriate Public Notice.
(Parks & Recreation)
ACTION: Resolution No. 2016-29492 adopted. Motion made by Commissioner Malakoff to
approve the Resolution accepting the Neighborhood/Community Affairs Committee’s (NCAC)
recommendation to name the accessible playground Allison Park for Ms. Sabrina Cohen, and set
a public hearing for September 14, 2016 to consider the naming; seconded by Commissioner
Steinberg; Voice-vote: 7-0. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission
Agenda, if received. John Rebar to handle.
Commissioner Malakoff stated that Sabrina Cohen is well known to everyone on the City
Commission; she is wheelchair-bound and has done so much to help promote access to the
disabled throughout Miami Beach; she has been fighting to help stem cell funding through her
foundation and keeping the disabled community in better health providing more activity. This
proposal is for an accessible playground at 64th Street Park, named in her honor, for all she has
done.
Commissioner Arriola stated he was present on the first Adaptive Day and this was a heroic effort
on Ms. Cohen’s part, and this is a fitting tribute to her in her efforts.
Commissioner Steinberg knew Ms. Cohen prior to her accident, and she thanked Ms. Cohen for
her courage and ability to fight for accessibility for all.
Commissioner Alemán thanked the members of the Disability Access Committee.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 61
2:39:47 p.m.
R7J A Resolution Pursuant To Section 82-37(a), Of The City Code, Setting A Public Hearing To
Approve The Vacation Of Atlantic Way Between 76th Street And 77th Street, Consisting Of A 30
Foot Wide Right-Of-Way, Containing Approximately 9,000 Square Feet In Total Area, Attached
Hereto As Exhibit “A,” As Shown On The Corrected Plat “Altos Del Mar No. 1,” Recorded In Plat
Book 31 At Page 40, Of The Public Records Of Miami-Dade County, And Lying In A Portion Of
Government Lot 2, Section 2, Township 53 South, Range 42 East, City Of Miami Beach, In Favor
Of The City Of Miami Beach And The Owners Of 7605 Collins Avenue; Waiving, By 5/7th Vote,
The Competitive Bidding And Appraisal Requirements Pursuant To, Respectively, Sections 82-
39(a) And (b) Of The City Code, Finding That The Public Interest Would Be Served By Waiving
Such Conditions; And Referring This Item To The Finance And Citywide Projects Committee, As
Required By Section 82-37(a)(1), Of The City Code.
(Office of the City Attorney/Capital Improvement Projects)
(Deferred from April 13, 2016 - R7D)
ACTION: Resolution No. 2016-29493 adopted. Motion made by Commissioner Malakoff to
approve the Resolution; seconded by Vice-Mayor Grieco; Voice-vote: 7-0; Second Reading,
Public Hearing scheduled for September 14, 2016. Rafael E. Granado to notice. Lilia Cardillo to
place on the Commission Agenda, if received. Office of the City Attorney and David Martinez
to handle.
Eve Boutsis, Chief Deputy City Attorney, recommended setting a date for the September 14,
2016 Commission Meeting, accompanied with a duly noticed public hearing on the vacation of
Atlantic Way, which is within the park.
Commissioner Alemán commented that this affects everyone; but in particular, this item affects a
friend; she asked if she should recuse herself, and was advised that there is no legal conflict of
interest, therefore, the law says that she has to vote.
No further discussion.
4:47:36 p.m.
SUPPLEMENTAL MATERIAL 1: MEMORANDUM & RESOLUTION
R7K A Resolution Authorizing A Change Order To The Purchase Order Issued To David Mancini And
Sons, Inc. (DMSI), Under The 63rd Street Water Main Replacement Project Awarded Under The
NJPA Agreement With Gordian Group, Pursuant To Contract FL-MDSAU06-052014-DMS, In The
Amount Of $101,287.58, In Order To Provide Expanded Traffic Control Services For Traffic Flow
In The Area During The Execution Of The Work, Of Which $40,107.58 Shall Be Payable From
The Project Contingency, And The Balance Of $61,180.00 Shall Be Payable From Account 424-
2759-069357 Entitled “63rd Street 16” Water Main.”
(Public Works)
ACTION: Resolution No. 2016-29494 adopted. Motion made by Commissioner Alemán to
approve the Resolution; seconded by Commissioner Rosen Gonzalez; Voice-vote: 7-0. Eric
Carpenter to handle.
Jay Fink, Assistant Director Public Works, stated that the 63rd Street water main replacement
project was awarded through the National Joint Owners Alliance (NJPA), which included a
maintenance of traffic plan (MOT). During the construction process, the need for additional traffic
control was identified by the Police Department, and staff agreed; they have requested DMSI to
provide the service as part of the contract. Based on the construction schedule, DMSI has
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 62
submitted a cost proposal for the services for the duration of the project in the amount of
$101,287.58. The contingency amount under this contract is $40,108 that will partially cover the
enhanced service level. Public Works is asking to fund the difference in the amount of $61,180.
No further discussion held.
3:29:50 p.m.
R7L A Resolution Waiving, By 5/7th Vote, The Competitive Bidding Requirement, Finding Such A
Waiver To Be In The Best Interest Of The City, And Authorizing The Office Of The Mayor And
The Office of the City Attorney To Negotiate An Agreement With Funkshion LLC, In An Amount
Not-To-Exceed $190,000, For The 2067 Rising Above Time Capsule Project; And Further
Authorizing The Mayor And The City Clerk To Execute The Agreement.
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Procurement)
ACTION: Resolution No. 2016-29495 adopted. Motion made by Commissioner Malakoff to
approve the Resolution; seconded by Commissioner Alemán; Voice-vote: 6-1; Opposed: Vice-
Mayor Grieco. Alex Denis and Djordje Milekic to handle.
Djordje Milekic, Branding Manager, Office of the Mayor, explained that this item has been
discussed for almost a year, and so they need to update the time capsule timeframe to 2067. The
proposal is to start working by the end of this month and have the launching during Art Basel this
year. He proposes using the winter and fall social media campaign, such as generating the Time
Capsule content, and hold the grand finale next March 2017 for the 102nd Anniversary of the City.
He reached out to a few studios, agencies and production companies, and he recommends
Funkshion, because not only they do special events and customizing special events, but also
they have great capabilities for social media, production and all modern aspects needed for this
project.
Jimmy L. Morales, City Manager, recommended waiving the bid process and negotiate as they
move forward with the project, and they will provide support during the process.
Vice-Mayor Grieco will respectfully vote “no.”
Commissioner Malakoff stated that it is exciting; this is something that is going to promote what
the City is doing about sea level rise, and will bring worldwide awareness and highlight efforts in
the fight against climate change and rising sea levels. She believes this is reasonable for what
they are getting.
Commissioner Alemán added that this project creates a Miami Beach artifact that is going to
contain and embody all of the challenges the City is facing with climate change and sea level rise;
and it is a very hopeful thing. 50 years from now, they will open this time capsule and they will
reflect back on all the challenges faced and the things they knew or did not know. Years from
now, when we open this capsule, it could be a healing thing that brings the community together to
say look at how far they have come.
Commission Steinberg stated that this is something that is for the City, and moving forward, for
the next generation and the generation after that, and it is something to give back to residents. It
is a focal point and a symbol for the City, worldwide and for residents. She thinks it is worth the
adventure as the return on that investment will be more than monetary.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 63
Commissioner Arriola is in support of the item.
Commissioner Rosen Gonzalez requested something dynamic for the money; it must be a work
of art.
Discussion held.
Handouts and Reference Materials:
1. Updated Resolution
4:48:01 p.m.
R7M A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At Its June 10, 2016 Meeting, To Consider Enhancing The Police Presence On The
Beachwalk.
(Sponsored by Commissioner Rosen Gonzalez)
(Legislative Tracking: Police)
ACTION: Resolution No. 2016-29496 adopted. Motion made by Commissioner Rosen
Gonzalez to approve the Resolution; seconded by Commissioner Steinberg; Voice-vote: 7-0.
Police Chief Oates to handle.
Commissioner Rosen Gonzalez explained that at the Neighborhood/Community Affairs
Committee (NCAC), they had recommended to do two things to Ocean Drive: take the Park
Rangers and extend them to Lummus Park, and in addition to that create a Task Force to patrol
the Beachwalk. She asked to move the item.
Commissioner Alemán asked if this item is in addition to the Police squads for Ocean Drive or
within the context.
Commissioner Rosen Gonzalez added that the recommendation at the Neighborhood/Community
Affairs Committee (NCAC) was to enable a Task Force of four to five Police Officers to patrol the
beach; they want to make sure the area is secure. At this time, there is no Police presence; there
is only a third party security company that they do not think is effective. She does not think it is in
addition to the Police squads.
Commissioner Steinberg explained that currently there are 12 Police Officers assigned to the
Entertainment District, and asked if those officers that are freed up, will they be able to help in
other areas of the City.
Police Chief Oates explained that the enhanced request for the Entertainment District included a
second team for the other nights of the week covering the beach, the Boardwalk, Lummus Park
and the Ocean Drive area. Several enhancements were identified for three Police Officers for
Mid-Beach; a second on 41st corridor and the beach, and two additional Police Officers to deal
with all the issues on the boardwalk, the Beachwalk and beach area, as they have been having
challenges in the evening. This was another enhancement, in addition to the 12 officers already
there.
Discussion held.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 64
4:51:37 p.m.
R7N A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 3
To The Development Agreement Between The City And Jameck Development, Inc. (Jameck Or
Developer), Dated July 23, 2014, For The Design, Development, And Construction Of Certain
Streetscape Improvements In The City’s Right Of Way, At The Portion Of Euclid Avenue Between
Lincoln Road And Lincoln Lane South (The Project); Said Amendment: (1) Approving A City
Requested Change Order, In The Amount Of $41,203.75, Relating To Unforeseen Site
Conditions, New FP&L Service Point, Handhole And Riser, And Construction Of Planter Ellipse
To Protect Existing Copper Pod Trees; (2) Increasing The Guaranteed Maximum Price (GMP) Of
The Project From $819,838.88 To $861,042.63 In Connection With Said Change Order; And (3)
Increasing The City’s Budgeted Costs For The Project, From $466,500.86 To $489,945.80 To
Include The City’s Proportionate Share Of The Change Order, In The Amount Of $23,444.93.
(Deferred from May 11, 2016 - R7I)
(Public Works)
ACTION: Resolution No. 2016-29497 adopted. Motion made by Commissioner Malakoff to
approve the Resolution; seconded by Vice-Mayor Grieco; Voice-vote: 7-0. Eric Carpenter to
handle.
Jay Fink, Assistant Director Public Works, stated that this amendment relates to a project on
Euclid Avenue, by Lincoln Road, that pertains to unforeseen conditions found during the
construction project, including an FPL line. FPL requires running a new line. There is also the
issue of protecting an existing copper pod tree, since the elevations have changed. There is a
GPM price increase, but it requires a contract change order in the amount $23,424.93.
4:52:52 p.m.
R7O A Resolution Endorsing, As Required Pursuant To Section 18-2 Of The Miami-Dade County
Code, The Creation By Miami-Dade County Of Special Taxing Districts For Di Lido Island And
San Marino Island, Respectively, For The Undergrounding Of Overhead Utilities, Subject To And
Contingent Upon Compliance With And Satisfaction Of The Requirements For The Creation Of
Special Taxing Districts, As Set Forth In Chapter 18 Of The Miami-Dade County Code.
(Public Works)
ACTION: Resolution No. 2016-29498 adopted. Motion made by Commissioner Steinberg to
approve the Resolution; seconded by Commissioner Rosen Gonzalez; Voice-vote: 7-0. Eric
Carpenter to handle.
Jay Fink, Assistant Director of Public Works, explained that the Venetian Island Homeowners
Association (HOA) has approached the City about the creation of a Special Taxing District to fund
the undergrounding of overhead utilities on Di Lido and San Marino Islands. Specifically, the HOA
seeks to relocate underground the following overhead utilities: electric (FPL), telephone (AT&T),
and cable television (Atlantic Broadband). Section 18-2 of the Miami-Dade County Code provides
that no Special Taxing District created pursuant to Chapter 18 "shall be comprised solely of a
municipality or embrace all or part of a municipality without the approval of the governing body of
such municipality." As such, the prior approval of the Mayor and City Commission is required
before the County may create the requested Districts. The HOA has requested that the City
provide the requisite approval by adopting this Resolution. They have provided them with a
number of petitions and signed letters, submitted for the record, and staff recommends endorsing
the HOA’s request.
Mayor Levine asked if this affects the palms and flood mitigation program in progress.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 65
Jay Fink stated that this will not affect the program in progress.
4:54:15 p.m.
R7P A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee Regarding The Implementation Of An Intelligent Transportation System And Smart
Parking System Throughout The City.
(Transportation)
ACTION: Resolution No. 2016-29499 adopted as amended. Motion made by Commissioner
Alemán; seconded by Vice-Mayor Grieco; Voice-vote: 7-0. Jose Gonzalez to handle.
MOTION:
Motion made by Commissioner Alemán to move forward and implement Phase One. In terms of
the Smart Parking System (SPS), she suggested not including the capacity by level of the
garage, but by the garage itself, with Wi-Fi, and consider, as streets are torn, to bring back to the
City Commission, to see whether they want to install fiber optic cables.
AMENDMENT:
Include additional phases in the RFP, subject to grant funding.
As roads are torn, fiber optic cables should be put in place. David Martinez to handle.
Jose Gonzalez, Transportation Director, introduced the item, which accepts the recommendation
of the Neighborhood/Community Affairs Committee (NCAC) regarding the implementation of an
Intelligent Transportation System and Smart Parking System project throughout the study area.
Subject to the City Commission’s approval, it will allow staff to bring the item back in September
(September 14, 2016) with an RFP. The project is approximat ely $4.1 million, with the first phase
consisting of traffic cameras, travel time devices along the MacArthur Causeway, Julia Tuttle
Causeway, Alton Road from 5th Street to the Julia Tuttle Causeway, Dade Boulevard and along
17th Street; as well as 18 digital message signs to provide real-time traffic travel information on
incidents and parking garage capacity. Also included as part of Phase One is the Traffic
Management Center to be collocated at the FDOT District 6 Traffic Management Center location.
Future phases will be issued as they become available.
Commissioner Rosen Gonzalez complained that the total cost of the plan is in excess of $15
million, and in the end, they do not have smart traffic signals, which is the most important
component.
Mr. Gonzalez explained that smart traffic signal controls costs about $2 million dollars, and those
would be installed only in certain corridors.
Discussion held.
Kathie G. Brooks, Assistant City Manager, explained that the smart traffic signals will be included
in the scope as an optional item, subject to the City obtaining grants that they are pursuing. They
also need to do additional testing on that, as it has not been proven in an urban, dense
environment at this time. They are doing some analysis and modeling, which they have further
work to do.
Discussion held regarding smart traffic signals and the funds spent.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 66
Commissioner Rosen Gonzalez stated that the City is spending $14 million, and down the road,
the City should have a smart traffic system. She added that technically transportation is the
responsibility of the County and the City is going above and beyond by spending over $15 million;
she wants to know that in the end they get what they want, and at this time, they do not know
that.
Commissioner Steinberg believes in the vision of an Intelligent Transportation System. She
added that the first step is to obtain real live data. In order to understand the mobility and what
needs to be done, they need the real time data to be able to properly signalize and synchronize
where the issues exist. The only way to obtain that is to approve this item. As she understands,
there is a difference between adaptive, which is automated, and smart, where they get real live
data and where the person obtaining the information instantly adjusts it manually.
Discussion held.
Commissioner Alemán discussed the existing 18 digital messaging signs with staff, and she
asked if there was an after-market to sell them back. The answer is that everyone wants them
back, so the initiative to place permanent, attractive, digital messaging signs around the City,
does not mean that they have to get rid of the unattractive ones. She made a motion to move
forward and implement Phase One. In terms of the SPS, she suggested not including in the
capacity by level of the garage, but by the garage itself, with the Wi-Fi. She suggested
considering, as they are tearing up the streets, bringing back to City Commission whether they
want to install fiber optics, as she thinks they can switch to fiber over time as the infrastructure is
built.
Kathie G. Brooks, Assistant City Manager, asked if the City Commission would direct staff to
include additional phases in the RFP, subject to grant funding.
Commissioner Alemán accepted the amendment.
Commissioner Malakoff asked, since there will be digging of so many of the roads, as they are
doing the Stormwater planning and building roads higher, if they can place the fiber optic cables
now for later use, or perhaps place conduits in with fiber optics.
Mr. Gonzalez explained that along State roads, the Florida Department of Transportation (FDOT)
can certainly place the fiber optic cables and even partner with municipalities during construction
of State roads, and in a few years from now there will be reconstruction in the northern segment
from Michigan Avenue north to Indian Creek.
Commissioner Malakoff suggested that wherever they dig the roads, the fiber optic cables should
be put in place.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 67
5:02:41 p.m.
R7Q A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
Establishing A Requirement That No Less Than Twenty Percent (20%) Of All One-Time
Unrestricted Capital Payments To The City Of $500,000.00 Or More, Including, But Not Limited
To, Payments Received Through Lease Re-Negotiations, Money Judgements From Lawsuits,
Audit Findings, Or Any Other Lump Sum Payments Shall Be Deposited To A Trust Fund For
Capital Or Acquisition Costs Associated With Mass Transit Excluding Reasonable Costs And Any
Capital Replacement Costs Associated With The Transaction That Resulted In The Receipt Of
The One-Time Cash Payment.
(Sponsored by Mayor Philip Levine)
(Transportation)
ACTION: Resolution No. 2016-29500 adopted. Motion made by Vice-Mayor Grieco to approve
the Resolution; seconded by Commissioner Alemán; Voice-vote: 7-0. Jose Gonzalez to handle.
Kathie G. Brooks, Assistant City Manager, stated that the item establishes a Capital
Transportation Fund and requires 20% of any one-time unrestricted capital payment that would
be deposited into that fund for future capital transportation initiative.
Commissioner Malakoff stated that contributions such as fees in lieu of parking continue to go
into the parking fund for future garages in the City, due to the tremendous need for garages in the
City.
Kathie G. Brooks, Assistant City Manager, stated that those funds are restricted and would not be
subject to this item.
5:04:34 p.m.
R7R Endorse Key Elements And Funding Approaches For The Miami Beach Light Rail/Modern
Streetcar Project.
1. A Resolution Endorsing The Key Elements Of The Preferred Alternative For The Miami
Beach Light Rail/Modern Streetcar Project.
(Transportation)
ACTION: Resolution No. 2016-29501 adopted as amended. Item heard in conjunction
with R7R-2. Motion made by Vice-Mayor Grieco to approve the Resolution; seconded by
Commissioner Arriola; Voice-vote: 6-1; Opposed: Commissioner Rosen Gonzalez. Jose
Gonzalez to handle.
AMENDMENT
Investigate the feasibility of having a two-way track, or a shared track, on Washington
Avenue due to concerns on the loss of right-of-way. Jose Gonzalez to handle.
Kathie G. Brooks, Assistant City Manager, stated that R7R-1 provides the Preliminary
Preferred Alternative, or the project definition. On Item R7R-2, which is the initial concept
of the funding plan, she suggested that the City Commission endorse the item, as they will
continue to refine it during the summer. Item R7R-1 contains the key element of the
Preliminary Preferred Alternative discussed at the June 8, 2016 Commission Meeting,
which is a loop consisting of bidirectional tracks with vehicles stopping every six to seven
and a half minutes during peak periods, with approximately three stops per mile, with ADA
accessibility and low-floor level boarding to all vehicle doors, as listed in the Agenda; with
center loading platforms between 120 feet to 180 feet in length; stock amenities, which
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 68
blend into the overall streetscape, as listed in the Agenda; also the track alignment on
Alton Road and Washington Avenue will maintain two lanes of travel in each direction,
with on-street parking to be replaced by off-street parking to vehicles, storage,
maintenance and operating facility to be at the Collins Public Works Yard site, and that
site is to accommodate a fleet of 12 to 14 vehicles, which is what the consultant is
estimating they will need to maintain the six to seven and a half minute headways. They
continue to evaluate 17th Street versus Dade Boulevard. More analysis is being done in
terms of ridership and traffic, but that is the reason this is not included with this item. They
are continuing to refine this, and the draft Environmental Report is due in September.
Discussion held.
Commissioner Alemán asked if sea level rise is address in key elements.
Assistant City Manager Kathie G. Brooks stated that it is not, as that was already part of
the Procurement requirement documents, so this is already covered.
Vice-Mayor Grieco asked what is the feasibility of having a two-way track or a shared
track on Washington Avenue. There is a concern on the loss of right-of-way after efforts to
revitalize this area.
Assistant City Manager Kathie G. Brooks stated that she would have the consultant come
up and address this issue; however, there are safety considerations with the headways.
Discussion continued.
Robert Lepore, Project Manager, Kimley-Horn, stated that they will investigate; if they did
a co-share, there would need to be some additional construction in order to handle the
heavy vehicles. This is an idea that was recently suggested and proposed. He explained
that during off peak, where frequency is different, sharing may be feasible; however, they
need to look into it.
Mayor Levine suggested that they come back with more details.
Discussion held.
Commissioner Alemán asked if they would consider eliminating the median with the palm
trees as an option. Once it is taken to one track, there will be a constraint in the schedule.
Vice-Mayor Grieco is not suggesting the solution, but there is a specific issue on
Washington Avenue when it comes to the activity of the sidewalks. This is another step in
the process, but he wants to make sure they are vetting all options on Washington
Avenue with the idea that they want to keep two lanes of traffic in each direction, and the
idea that they have a train going in both directions.
Commissioner Rosen Gonzalez proposed that in the next couple of months this City
Commission convene a panel of business owners and other people, to make sure that this
is the right decision as far as number of tracks and Dade Boulevard versus 17th Street.
Discussion held.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 69
In answering Commissioner Steinberg’s question, Assistant City Manager Kathie G.
Brooks explained that the next step is to refine this over the summer, come back with a
preliminary alternative, as part of the environmental draft statement and then go through
an extensive public review and workshops before it is adopted in January 2017.
Commissioner Alemán explained that the real elevations on different streets are uneven
and she suggested building more realistic for the City’s streets, as the community is
looking at this and they will bring improvement and ideas that make sense and are
accurate.
Vice-Mayor Grieco stated that at least now they have direction on the technology and it
has opened up the dialogue more. He has discussed the issue with many business
leaders, at committee and with residents, and there is a great deal of misinformation as
well as lack of information. Since the item is not under the Cone of Silence, it can be
discussed in detail.
5:15:06 p.m.
2. A Resolution Endorsing Preliminary Preferred Funding Approaches For The Miami Beach
Light Rail/Modern Streetcar Project.
(Transportation)
ACTION: Resolution No. 2016-29502 adopted. See comments and action with R7R-1.
Motion made by Vice-Mayor Grieco to approve the Resolution; seconded by
Commissioner Arriola; Voice-vote: 6-1; Opposed: Commissioner Rosen Gonzalez. Jose
Gonzalez to handle.
Kathie G. Brooks, Assistant City Manager, introduced the item regarding the various
funding approaches presented at committee. They are continuing to explore other sources
as listed in the Agenda.
11:45:57 a.m.
R7S Resolutions Related To Proposal Requirements Document (PRD) No. 2016-071-KB Notice Of
Unsolicited Proposal And Request For Alternative Proposals For Light Rail Modern Streetcar
Project In Miami Beach.
1. A Resolution Accepting The Recommendation Of The City Manager With Respect To The
Ranking Of Proposals, Pursuant To Proposal Requirements Document (PRD) No. 2016-
071-KB, Notice Of Receipt Of Unsolicited Proposal For Light Rail/Modern Streetcar
Project In Miami Beach; And Authorizing Negotiations For An Interim Agreement With The
Top-Ranked Proposer, Greater Miami Tramlink Partners, And Should Negotiations With
The Top-Ranked Proposer Not Be Successful, Authorizing Negotiations For An Interim
Agreement With The Second Ranked Proposer, Connect Miami Beach.
(Procurement/Transportation)
ACTION: Resolution No. 2016-29503 adopted as amended. Motion made by
Commissioner Arriola; seconded by Commissioner Malakoff. See motion below; Voice-
vote: 6-1; Opposed: Commissioner Rosen Gonzalez. Alex Denis and Jose Gonzalez to
handle.
MOTION:
Motion made by Commissioner Arriola to accept the City Manager's recommendation and
authorize negotiations for an interim agreement with the Manager’s top ranked proposer,
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 70
Greater Miami Tramlink Partners. If negotiations with Greater Miami Tramlink Partners are
unsuccessful, to commence negotiations on an interim agreement with Connect Miami
Beach; and further, if negotiations with Connect Miami Beach are unsuccessful, to
authorized negotiations with Miami Beach Mobility Partners; seconded by Commissioner
Malakoff.
AMENDMENT:
Negotiate an interim agreement with the Manager’s top ranked bidder, and if
unsuccessful, negotiate with the Manager’s second ranked bidder, and if unsuccessful
with the Manager’s second ranked bidder, negotiate with the Manager’s third ranked
bidder. (See Motion above.)
Jimmy L. Morales, City Manager, stated that last summer the City received an unsolicited
proposal for purposes of a streetcar in Miami Beach, with the goal to work with the County
to connect Downtown Miami with the City’s Convention Center and creating the link to the
mainland. This year, this City Commission decided not to go through the Federal process,
but to expedite the Miami Beach portion of this corridor, and directed staff to accept the
proposal and put it out to bid for other possible proposals. The City received three
proposals. After the procurement process, environmental assessment as directed, and
evaluation committee, the Manager prepared his recommendations as listed on the
Memorandum. His recommendation is to enter in negotiations with Team No. 1, Greater
Miami Tramlink Partners, for purposes of an interim agreement that does not obligate to a
final project, but creates parameters under which they can move forward with this team,
consultants and staff, and to look forward to April 2017 for a comprehensive agreement to
bind the City to a long-term agreement that would lead to the designing, construction,
financing and operation of the streetcar program. If unsuccessful in negotiating with team
ranked No. 1, they would then go to the second and third highest ranked. Additionally,
they would begin to negotiate the interim agreement term sheet. He stated that bid
protests have been received from the second and third companies and allowed City
Attorney Aguila to explain.
Raul J. Aguila, City Attorney, advised, pursuant to the City’s bid Ordinance, that bid
protest letters were received from Connect Miami Beach, the second proposer, and Miami
Beach Mobility Partners, the third proposer. The protests were divided into two points. The
first issue that was raised was the issue of responsiveness of the proposals. The term
responsiveness, with regard to a bid protest, usually means that because a bid or a
proposal does not comply with the minimum requirements or other required submittals of
the solicitation document, then it should be deemed nonresponsive and not be
considered. With regard to the issue of responsiveness, the Office of the City Attorney
denied the bid protest. The three proposals have been reviewed by the Administration, the
Office of the City Attorney, the Procurement Department and by consultant, Kimley-Horn.
Prior to presentations at evaluation committee level, all three proposals were deemed by
the City to be responsive; that is that they complied with the minimum submittal and
requirements of the solicitation document. Because of that, the issue of responsiveness
today is not before the City Commission, and it is not within their jurisdiction. The issue of
whether a proposal is responsive or not, under the City Code, is an administrative
determination and they have advised the bidder, via response to their respective protest,
that they disagree with their conclusion. Any appeal with regard to this determination
would be to a Circuit Court. That issue is not before the City Commission today. The
second issue raised in each proposal was the issue of whether or not the first
recommended proposal that the City Manager is recommending, is the best and most
responsive proposer to the solicitation document. With regard to that, they raised issues in
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 71
the proposal submittals with regard to the technology, interoperability and other subjective
issues. In considering whom to recommend, the City Manager has broad discretion under
Florida law, so long as he is not arbitrary or capricious. As set forth in their two responses,
which he is entering into the record today, he believes that the City Manager’s
recommendation today is proper, is based upon the record before hand, and is not
arbitrary and/or capricious, and can and should be properly considered. He reminded the
City Commission that just as the evaluation committee's recommendation is advisory to
the City Manager, meaning that he can accept their recommendation or, as he has done
in this case, make a different recommendation; the City Manager's recommendation is
ultimately advisory to the City Commission. The City Commission can choose to accept
the City Manager's recommendation, can make a different recommendation, or do nothing
and reject all proposals. He asked that if they consider a different recommendation from
the City Manager, then each elected official should set forth their reasons, on the record,
so that they have support for it. Finally, he reminded everyone that they are not awarding
a contract today; but are requesting authorization to go into the next phase of this
process, which is to negotiate an interim agreement with the recommended proposer. An
interim agreement, once negotiated, will be brought back to the City Commission for
approval. This does not bind the City Commission to move forward with a final contract.
All they are asking today is for authority to enter into negotiations with the selected
proposer for an interim agreement, which will be brought to the City Commission in
September or October.
Jimmy L. Morales, City Manager, added, for the record, that the team he is recommending
ranked number one, and it is also the team that the evaluation committee ranked number
one, which is the Greater Miami Tramlink Partners team. This is a wireless system. There
are a great deal of wired systems around the world, but this City and this City Commission
expressed very strong opinions about going wireless, and they have six wireless systems
in operation around the world. He had the opportunity to ride two of them and was in
concurrence with the evaluating committee in recommending them number one. However,
where he did differ with the evaluation committee, in terms of the rankings of the second
and third place teams, is that they ranked Connect Miami Beach third; however, he ranked
them second. Therefore, he is concurring with the committee on number one in terms of
their recommendation. He did switched the second and third. He added that they have
three very good proposals, with strong financial backings and concessionaire experience.
Mayor Levine reaffirmed that if this body were to decide to move forward, they are not
committing or binding themselves, and if they do move forward with number one and they
do not like the pricing, they can move to number two and/or number three. They can
cease negotiations if they do not like the pricing and move to the second or third.
City Attorney Aguila clarified that they are not awarding a contract today; they are just
authorizing negotiations, if that is the way they decide to go. He also recommended
incorporating the City Manager's memorandum into the record.
Commissioner Arriola explained that if this is about giving authority to the Administration
to move forward, then, he is in support of that.
Commissioner Alemán stated that at first she was surprised to see the difference in the
City Manager’s recommendation of the second team; however, after reading the details of
the justification, she agreed based on the one, the number of systems in place, and for
two, the construction costs. He did a great job and she appreciated his thorough
explanation as to how he came to that recommendation. She also received a letter from
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 72
the Chamber of Commerce that questioned sea level rise, and she thinks he addressed
that well in his recommendation. In reference to the interoperability question; they want it
to be interoperable ultimately with Baylink and the Miami side. On page 975 of the
memorandum, the City Manager wrote “further I base my recommendation ranking on the
fact that Connect Miami Beach stated in its proposals that it would fund its development
cost during the intermittent agreement phase at its sole risk, and that he believed
whichever team is selected, the City should require such proposal of funds for
development cost during the interim phase.” They should follow up on that.
City Manager Morales explained that as part of this competitive process, while they have
not necessarily priced the system, every element along the way that they can use for
leverage of the competition, he would recommend to use as a template.
Commissioner Steinberg thinks that they need to be careful that there is little to no risk to
the City; this should be clear. She likes that the City is not bound today and that it is just
starting the process, as there are many questions that need answers, such as funding,
and connecting to the mainland, and what it is that they really want to achieve. She asked
if there is a termination clause.
Discussion held regarding trolleys ordered recently.
Commissioner Rosen Gonzalez addressed the fact that there are 14 deficient trolleys at a
cost of $1.5 million. She suggested creating a panel of business owners that can go
through all of the choices presented to make sure that they make sense. She also asked if
there is any type of guarantee that there will be a connection.
Jimmy L. Morales, City Manager explained that there is an item on the agenda today to
approve the MOU for the City to enter into negotiations with the County and Miami to
continue working on that, but there is no commitment today.
Discussion continued.
Mayor Levine has been a member on the Miami-Dade Metropolitan Planning Organization
(MPO) for the past three years, and he has never seen an organization that really wants
to do well. Unfortunately, the MPO was paralyzed for over 30 years. The beach corridor
idea is predicated on the City having a loop; there being a connector across the
causeway, and the City of Miami doing their own train going from Downtown to the Design
District. Unfortunately, no one has been able to get anything done. The City of Miami
Beach has a choice; either be paralyzed; (with the County and the State not making any
moves); but if the City moves forward and takes the initiative and does its part, everyone
will wake up and move forward. The Secretary of Transportation and the District Secretary
are visiting next week. In addition, County Mayor Gimenez is supportive of the item and
they are looking to the City for leadership. In answering Commissioner Rosen Gonzalez’s
question, the Mayor stated that the City of Miami and Miami-Dade County will build a
connector. There are no guarantees. There will always be risks, but the people of Miami
Beach want movement.
Commissioner Rosen Gonzalez added that this is a $380 million of taxpayer’s money, and
they saw what happened with the trolleys. She is asking again for a panel to go through all
the decisions the City Commission makes and make sure that they are making the right
decisions,
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 73
Discussion continued.
City Manager Morales respectfully asked to address the comment of the trolley system
being a failure, since it has been a huge success. Back in January of 2014, in 52 days
staff put together the Alton/West Trolley. Ridership has been outstanding and it is very
popular among residents. Two years ago, they launched the North Beach Trolley with an
outstanding ridership and it has been enjoyed by the community. There were ADA issues;
however, and earlier this year the City Commission voted to purchase for the Mid-Beach
and Collins connector a modified trolley that actually bends down and is lower, and that is
the 14 trolleys purchased. Subsequently, the request came in for a complete low-floor
trolley. They can do that for the South Beach portion. They tried to change the order for
the Mid-Beach, but it was too late; therefore, they are trying to deal with the issue of
compatibility. In terms of ridership numbers and the popularity, both have been very well
received by the public and provide the transportation needed. He agrees that there is
room for improvement.
Discussion continued.
Commissioner Rosen Gonzalez requested the item be deferred for one month.
Commissioner Malakoff is definitely in favor of this item; her concern, as a loyal patron of
the New World Symphony, is that this is a quiet system, and she has been assured by
other cities that it is quiet. She urged that the route be Dade Boulevard, as it is a wider
street, as opposed to 17th Street. Her only objection is that the light rail should not go past
the Soundscape Park.
Commissioner Alemán agrees with Commissioner Malakoff on the Dade Boulevard route.
She added that the topic is the train, not the trolleys. However, a statement was made that
they made a mistake with the trolleys, and she does not concur. The trolleys purchased
were fully ADA accessible. They made an intentional, cognitive decision to purchase the
trolleys because the operating cost of the “nicer” trolleys was an issue of a million -and-a-
half a year; and the trolleys themselves came with no warranty. The warranty was
invalidated by the modifications; so there was no error in judgment on their part. She
wanted to clear the record on that issue.
Mayor Levine offered, as a courtesy, the opportunity to the bid protestors to speak.
Raul J. Aguila, City Attorney explained that the three proposal teams have representatives
and he thinks that it is great that the Commission hears from them prior to taking a final
vote. He added that he will reserve, or the City Manager will reserve, at any time, to
respond to anything that comes up.
Mark Stempler, Esq., on behalf of Connect Miami Beach, the second ranked proposer,
explained that they are proposing to allow a dual track or parallel negotiations with the top
two ranked firms. They believe it is the best and smartest route to enter into the
negotiations with the top two proposers, especially because the City has not yet evaluated
anyone on price. He suggest for the City to enter into dual negotiations to ensure the City
can get the best deal for itself and its taxpayers. He repeated that the only way to know
which firm may be better is to enter into the dual negotiations, which has no risk to the
City, because the City does not have to enter into a contract at this point. They pointed out
the issues with the top ranked proposers in the bid protest, which was denied in about 24
hours, which to him is unprecedented as a bid process attorney, but clearly the City is
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 74
looking to move quickly on this, despite the fact that the County and City of Miami have
not. As Mayor Levine said earlier, let us not make this political, but do what is best for the
City of Miami Beach and enter into dual negotiations with the top two proposers, Connect
Miami Beach and Greater Miami Tranmlink Partners is in the best interest.
Tim Young, representing Connect Miami Beach, added that the opportunity for parallel
negotiation will, in fact, give the City the opportunity to investigate the cost, not only to the
City, but ultimately to users. He reiterated the opportunity to sit down with the City in the
negotiations.
David Custin, representing Sacyr Construction, USA, LLC, one of the two major partners
with Miami Beach Mobility Partners Consortium, commended the City Manager, City
Attorney and Procurement Director for the process, and stated that ultimately the
responsibility lies with the City Commission. His client was in a virtual tie as judged by an
evaluation committee. There are three bidders internationally respected, and this is a
$200 to $400 million investment out of taxpayer's dollars. Before the City makes that
financial commitment, he asked that they let the City Manager sit down with all three
bidders. The City Manager’s hands have been tied; he is not allowing this
recommendation and has not been afforded the opportunity to compare the price of the
three bidders that it would cost the City. His client has stated on the record, on numerous
occasions, that for the $200 million to $400 million budgeted by the City, they can do it for
$40 million to $60 million cheaper. However, as it is right now, the City Manager does not
get to prove that, or look at the numbers and have an interactive opportunity and allow
them to demonstrate to him the proof. The same manner with the RFP this City
Commission tied the City Manager’s hands in considering Buy America. If this City
Commission adopts the City Manager's recommendation today, this body will be shutting
out one, who arguably was tied with the first firm recommended. The City Manager is
doing the best he can with the cards this body has dealt him. He stated that this City
Commission should be commended for tackling other top issues in the City, but if they
adopt the City Manager's recommendation and proceed along the path created through
votes, they are not serving the taxpayers well because they are not affording a
comparison of price by only three bidders. He asked that direction be given to let the City
Manager interview the three proposers and make the recommendation in October.
Mayor Levine afforded the City Attorney the opportunity to respond.
Raul J. Aguila, City Attorney, thought they were going to speak on the substance of their
bid protest, which they did not. He clarified that Buy America was not a requirement of this
project, but he thinks Mr. Custin acknowledged that.
Motion was made by Commissioner Arriola to accept the City Manager’s
recommendation.
City Attorney Aguila clarified that the motion would be to commence negotiations on an
interim agreement with Greater Miami Tramlink Partners, and if they were unsuccessful,
and then proceed to negotiate an agreement with Connect Miami Beach.
Discussion continued.
Mayor Levine suggested allowing all three bidders to negotiate with the City.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 75
Commissioner Arriola stated that the debate presented has to do with cost and finance,
and this is a complicated bid that took in a great deal of factors. Based on the
recommendation, he wanted the City Manager to get authorization to move forward.
Discussion held.
Motion made by Commissioner Arriola to accept the City Manager's recommendation and
authorize negotiations for an interim agreement with the Manager’s top ranked proposer,
Greater Miami Tramlink Partners. If negotiations with Greater Miami Tramlink Partners are
unsuccessful, to commence negotiations on an interim agreement with Connect Miami
Beach; and further, if negotiations with Connect Miami Beach are unsuccessful, to
authorized negotiations with Miami Beach Mobility Partners.
Commissioner Rosen Gonzalez suggested negotiating with all three bidders in terms of
price.
City Manager Morales explained that the procurement document approved by the City
Commission months ago provided negotiating with the highest bidder, and if unsuccessful,
then negotiate with the second bidder. His recommendation is consistent with the
document that went out to the marketplace.
Discussion continued.
MOTION:
Motion made by Commissioner Arriola to accept the City Manager's recommendation and
authorize negotiations for an interim agreement with the Manager’s top ranked proposer,
Greater Miami Tramlink Partners. If negotiations with Greater Miami Tramlink Partners are
unsuccessful, to commence negotiations on an interim agreement with Connect Miami
Beach; and further, if negotiations with Connect Miami Beach are unsuccessful, to
authorized negotiations with Miami Beach Mobility Partners; seconded by Commissioner
Malakoff; seconded by Commissioner Malakoff. Voice vote: 6-1; Opposed: Commissioner
Rosen Gonzalez.
Commissioner Steinberg asked if this is not binding the City in any way and if they can
terminate at any time for any reason.
City Manager Morales answered in the affirmative.
Handouts and Reference Materials:
1. Email from custindr@davidrcustin.com dated July 7, 2016 at 5:18 PM RE: Item #R7S Resolutions
Related To Proposal Requirements Document (PRD) No. 2016-071-KB.
2. Email from Raul Aguila dated July 7, 2016 at 5:58 PM to David Custin and Jimmy Morales RE: #R7S
Resolutions Related To Proposal Requirements Document (PRD) No. 2016-071-KB.
3. Email from custindr@davidrcustin.com dated July 7, 2016 at 6:02 PM RE: Item #R7S Resolutions
Related To Proposal Requirements Document (PRD) No. 2016-071-KB.
4. Letter from David R. Custin dated June 30, 2016 sent via email to Jimmy L.
Morales@miamibeachfl.gov RE: Request for Alternative Proposals for Light Rail/Streetcar Project –
PRD 2016-071-KB (PRD).
5. Email from custindr@davidrcustin.com dated July 11, 2016 at 5:21 PM RE: Item R7S-PRD relating to
Unsolicited Proposal- RFP for Light Rail Modern Streetcar Project with attached document titled
MBeachMobilityPartners-PRD2016-071-KB_CustinToManagerLetter_06-30-2016.pdf.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 76
6. Bid Protest Letter from Alfredo Gonzalez, Genovese Joblove & Battista, dated July 11, 2016, sent via
e-mail and hand delivered, RE: Protest of Proposal Requirements Document (PRD) 2016-071-KB –
Notice of Receipt of Unsolicited Proposal and Request for Alternative Proposals for Light Rail/Modern
Streetcar Project in Miami Beach.
7. Email from David Custin to Commissioner Kristen Rosen Gonzalez, dated July 12, 2016 at 7:44 PM,
RE: Item R7S-PRD relating to Unsolicited Proposal-RFP for Light Rail Modern Streetcar Project, with
attached document titled MBeachMobilityPartners-PRD2016-071-KB_CustinToManagerLetter_06-30-
2016.pdf.
8. Speakers List
9. Clerk’s Note: City Manager’s Memorandum incorporated into the record. See:
http://web.miamibeachfl.gov/WorkArea/DownloadAsset.aspx?id=88328
12:31:37 p.m.
2. A Resolution Approving The Interim Agreement Term Sheet And Key Concepts For A
Comprehensive Agreement For A Light Rail/Modern Streetcar Project In Miami Beach
Pursuant To Section 255.065 Of The Florida Statutes And Proposal Requirements
Document (PRD) No. 2016-071-KB.
(Procurement/Transportation)
ACTION: Resolution No. 2016-29504 adopted. Motion made by Commissioner Arriola to
approve the Resolution; seconded by Vice-Mayor Grieco; Voice-vote: 6-1; Opposed:
Commissioner Rosen Gonzalez. Alex Denis and Jose Gonzalez to handle.
Handouts and Reference Materials:
1. Email from custindr@davidrcustin.com dated July 7, 2016 at 5:18 PM RE: Item #R7S Resolutions
Related To Proposal Requirements Document (PRD) No. 2016-071-KB.
2. Email from Raul Aguila dated July 7, 2016 at 5:58 PM to David Custin and Jimmy Morales RE: #R7S
Resolutions Related To Proposal Requirements Document (PRD) No. 2016-071-KB.
3. Email from custindr@davidrcustin.com dated July 7, 2016 at 6:02 PM RE: Item #R7S Resolutions
Related To Proposal Requirements Document (PRD) No. 2016-071-KB.
4. Letter from David R. Custin dated June 30, 2016 sent via email to Jimmy L.
Morales@miamibeachfl.gov RE: Request for Alternative Proposals for Light Rail/Streetcar Project –
PRD 2016-071-KB (PRD).
5. Email from custindr@davidrcustin.com dated July 11, 2016 at 5:21 PM RE: Item R7S-PRD relating to
Unsolicited Proposal- RFP for Light Rail Modern Streetcar Project with attached document titled
MBeachMobilityPartners-PRD2016-071-KB_CustinToManagerLetter_06-30-2016.pdf.
6. Bid Protest Letter from Alfredo Gonzalez, Genovese Joblove & Battista, dated July 11, 2016, sent via
e-mail and hand delivered, RE: Protest of Proposal Requirements Document (PRD) 2016-071-KB –
Notice of Receipt of Unsolicited Proposal and Request for Alternative Proposals for Light Rail/Modern
Streetcar Project in Miami Beach.
7. Email from David Custin to Commissioner Kristen Rosen Gonzalez, dated July 12, 2016 at 7:44 PM,
RE: Item R7S-PRD relating to Unsolicited Proposal-RFP for Light Rail Modern Streetcar Project, with
attached document titled MBeachMobilityPartners-PRD2016-071-KB_CustinToManagerLetter_06-30-
2016.pdf.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 77
5:15:33 p.m.
R7T A Resolution Approving A Memorandum Of Understanding Between City Of Miami Beach,
Florida, City Of Miami, Florida, Miami-Dade County, Florida And Florida Department Of
Transportation, District No. 6 For Beach Corridor Direct Connection Project (NEPA Environmental
Studies, Project Development, Engineering And Construction Phases, Funding, Project
Sponsorship; And Operating Agency), Including Authorizing The City Contribution Of $417,000,
Or 4.17% Of The Overall Study Cost.
(Transportation)
ACTION: Resolution No. 2016-29505 adopted. Motion made by Commissioner Alemán to
approve the Resolution; seconded by Commissioner Malakoff; Voice-vote: 7-0. Jose Gonzalez
to handle.
Kathie G. Brooks, Assistant City Manager, explained that this is approval of the MOU with Miami-
Dade County, MPO, FDOT and the City of Miami. This was originally brought to the City
Commission in December for moving the causeway portion of the project forward. At that time
there was concern as to whether or not the projects could move forward separately. Discussions
have been held, and if approved, the item will be discussed at the MPO on July 21, 2016.
Regarding funding, it is $10 million, of which the City is contributing $417,000.
No further discussion.
5:16:58 p.m.
R7U A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At Its May 13, 2016 Meeting To Adopt A Policy Requiring That All Future Special
Events Requiring Lane Closures Along Major Thoroughfares In The City Of Miami Beach Obtain
Prior City Commission Approval.
(Transportation)
ACTION: Resolution No. 2016-29506 adopted. Motion made by Vice-Mayor Grieco to approve
the Resolution as is; seconded by Commissioner Arriola; Voice-vote: 5-2; Opposed:
Commissioner Alemán and Rosen Gonzalez. Jose Gonzalez to handle.
Jose Gonzalez, Transportation Director, introduced the item and explained the recommendation.
He explained that the intent is to limit some of the special events that close lanes in the major
thoroughfares throughout the year. At the Neighborhood/Community Affairs Committee (NCAC),
the Committee expressed concern regarding the future of some of these events, and it was
recommended that all 16 existing events be grandfathered in. In the future, any new events will
come in front of the City Commission to obtain prior approval.
Commissioner Malakoff requested raising fees for the for profit events. She understands
grandfathering in the non-for-profit events.
Commissioner Arriola explained that the lane closures are made at the authority of staff. He
asked, since staff has done well in the past, why would the City Commission want to have
authority to close lanes. He personally does not want to micromanage the issue.
Mayor Levine stated that residents are complaining due the increasing number of events and
consequent closure of lanes, and it may be beneficial for the City Commission to take a look at
these lane closures.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 78
Discussion held.
Vice-Mayor Grieco clarified that these events and lane closures have not all worked well; they
had to micromanage the Art Show, for example. Lanes on major thoroughfares are important, and
when some of these events occur, they can cripple the traffic in the City. He is in support of the
item and thinks this will add a level of accountability. In regards to the fees, this may requires
discussion at Finance.
Commissioner Alemán requested a list of the 16 special events from Max Sklar, and from looking
at the list provided, half of them are for profit, and most of them are not known and the economic
impact is not that impressive. Therefore, even if the cost is worthwhile, she wants these lane
closures brought in front of the City Commission.
Mayor Levine agreed.
Discussion held.
Commissioner Steinberg added that lane closures for the various running events occur early in
the weekends, and added that the City needs to do a better job in communicating those lane
closures; however, she is open to exploring the issue further.
Discussion held.
5:26:57 p.m.
R7V A Resolution Accepting The Recommendation Of The City Manager, And Waiving, By 5/7th Vote,
The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The
City, And Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 4 To
The Agreement, Dated May 8, 2014, Between The City And Limousines Of South Florida, Inc.,
For Turn-Key Operations And Maintenance Services Of A Municipal Trolley System For The City
Of Miami Beach; Said Amendment Increasing The Scope Of The Agreement To Include The
Following: (1) The Addition Of One (1) Bidirectional Route In South Beach; (2) The Addition Of
Twelve (12) New Low-Floor Trolley Vehicles For Use In Connection With The Operation Of The
South Beach Route, North Beach Route, And Middle Beach Routes (The Middle Beach Loop And
The Collins Link); (3) A Negotiated New Hourly Rate Commensurate With The Cost Of The Low-
Floor Trolley Vehicles And The Additional Services For The New South Beach Route; (4)
Authorizing The City Manager To Approve The Purchase Of Additional Optional Equipment For
The Low-Floor Trolley Vehicles In The City Fleet, As May Be Needed In The Administration’s
Discretion, Subject To Funding Availability; (5) Any Additional Modifications To The Agreement
Deemed Necessary By The Administration With Respect To The Modification Of The Scope
Contemplated By The Amendment; And (6) Increasing The Annual Cost Of The Agreement, From
A Not To Exceed Cost Of $6,700,000 To A Not To Exceed Cost Of $12,000,000.
(Transportation)
ACTION: Item withdrawn.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 79
1:36:40 p.m.
R7W A Resolution Accepting The Written Recommendation Of The City Manager (As Set Forth In The
City Commission Memorandum Accompanying This Resolution) And Waiving, By 5/7th Vote, The
Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City;
And Approving And Authorizing The Mayor And City Clerk To Execute A Premises Use
Agreement, Substantially In The Form Attached To This Resolution As Exhibit “A,” With Design
Miami II, LLC For Use Of Portions Of The Preferred Parking Lot, Located To The West Of The
Miami Beach Convention Center, For A Period Of Approximately Four (4) Months, To Hold The
Design Miami Show For Specific Dates During The 2016 Calendar Year.
(Tourism, Culture & Economic Development)
ACTION: Resolution No. 2016-29507 adopted as amended. Motion made by Commissioner
Arriola to cap the prorated parking cost to 50% for a period of five weeks; seconded by
Commissioner Alemán. Voice-vote: 7-0. Max Sklar to handle.
MOTION 1:
Motion made by Commissioner Alemán to approve the item; seconded by Commissioner
Malakoff. Voice-vote: 7-0.
MOTION 2:
Motion made by Commissioner Arriola to cap the prorated parking cost to 50% for a period of five
weeks; seconded by Commissioner Alemán. Voice-vote: 7-0.
Max Sklar, Tourism, Culture and Economic Development Director, introduced the item. The
agreement with Design Miami Shows was terminated in order to accommodate the agreement
the City has with Clark Construction to use the P-Lot for staging; however, negotiations continued
to see if Design Miami could accommodate them in the P-Lot. Clark Construction agreed for
Design Miami to use the western portion of the P-lot where construction employee’s vehicles are
parked. They will park in other facilities and Design Miami will pay for the cost to relocate them to
park in another location. He clarified that in the Memorandum, Design Miami also pays for the
spaces in the parking lot. He entered into the record a correction of the total cost in the
Memorandum, from $84,000 to $108,000, as reflected in the agreement. Additionally, the
agreement states that Design Miami is going to pay for, and provide, all power on the site;
however, since in the past the City provided power to them in the parking lot, they agreed to
accommodate them and provide them with power in the parking lots, probably through
generators.
Commissioner Malakoff asked if this would delay the Miami Beach Convention Center schedule
of timeline.
Maria Hernandez, Capital Projects Director, explained that it would not delay the timeline, as the
construction workers would only be relocating the parking spaces, and it will only be for
approximately a month.
Commissioner Alemán is in favor of the item, but added that they need to maximize the value and
optimize the parking.
Mr. Sklar added that there is an option for Design Miami to be in the same space in 2017 with
certain deadlines included.
Discussion continued regarding rent relief.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 80
City Manager Morales clarified that Design Miami will pay rent and the City will provide power for
free.
Motion 1 made by Commissioner Alemán to approve the item, seconded by Commissioner
Malakoff. Voice vote: 7-0.
Neisen Kasdin, representing Design Miami, thanked the City Commission for their vote and
consideration, but added that there is a significant additional cost ranging from $40,000 to
$80,000 for Clark construction parking to be paid by his client, aside from the rent, and asked for
consideration in not having to pay all the costs due to the construction and the relocation of
Clark’s parking. He suggested that whatever the actual cost of the parking for construction be
offset against the rent.
Commissioner Arriola is in agreement to entertain some assistance, as they are an important
anchor institution for the City.
Mayor Levine suggested 50/50 and there was some consensus on the dais.
Vice-Mayor Grieco reminded the City Commission that Design Miami was offered opportunities to
go to other places during the interim period for Clark parking that did not involve the relocation
cost, and by choice they made this decision with the contemplated cost.
Commissioner Rosen Gonzalez understands that Art Basel and Design Miami should be near the
location; that is how they always have exhibited and she is in support of the assistance.
Mr. Kasdin stated that Design Miami was originally in the Miami Design District for the first few
years; it is owned by Art Basel and Craig Roberts; it was decided that it would be best for the
show to be located next to Art Basel Show, so this is important, as this was the reason Design
Miami moved to Miami Beach.
Mayor Levine thinks it is fair at 50/50, but agreed with Vice-Mayor Grieco that they must be
mindful of not spending money in a casual manner.
Commissioner Alemán is in favor of the item, and suggested having an estimate and including a
not to exceed figure at the July 20, 2016 Presentation and Awards Agenda.
Discussion continued.
Max Sklar stated that the cost of the parking is about $45,000 per month for 450 employees, and
they anticipate needing half that amount for one month.
Discussion held.
Mayor Levine asked that they put an estimate, cap it by six weeks, and broken down 50/50 for
five weeks.
City Manager Morales stated that if anyone questions the City’s commitment to the Basel brand, it
is costing the City millions of dollars to accommodate the commitment they made to Basel that
they will have a convention center built for them in December.
Motion 2 made by Commissioner Arriola to cap the prorated parking cost to 50% for a period of
five weeks; seconded by Commissioner Alemán. Voice-vote 7-0.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 81
7:25:03 p.m.
SUPPLEMENTAL MATERIAL 1: REVISED MEMORANDUM & RESOLUTION
R7X A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
(FCWP), And Approving A Ninety (90) Day Pilot Program For The Televising Of Special Master
Hearings For Short-Term Rentals; And Authorizing The City Manager To Direct The
Communications Department To Televise The Special Master Hearings Pertaining Solely To
Short-Term Rental Violations Cited Pursuant To Sections 142-109, 142-905 And 142-1111 Of
The Miami Beach Code Of Laws And Ordinances For The Duration Of The Pilot Program Of
Ninety Days.
(Sponsored by Commissioner John Elizabeth Alemán)
(Legislative Tracking: Code Compliance/Office of the City Attorney)
ACTION: Resolution No. 2016-29508 adopted. Motion made by Commissioner Alemán to
approve the Resolution; seconded by Commissioner Steinberg; Voice-vote: 7-0. Tonya Daniel to
handle.
No discussion held.
5:26:43 p.m.
R7Y A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At Its June 10, 2016 Meeting To Extend The Park Ranger Program To Lummus Park,
Subject To Approval Of The FY 2016/17 Operating Budget Enhancement Request.
(Parks & Recreation)
ACTION: Resolution No. 2016-29509 adopted. Motion made by Vice-Mayor Grieco to approve
the Resolution; seconded by Commissioner Steinberg; Voice-vote: 7-0. John Rebar to handle.
City Manager Morales introduced the item, and stated that this item is part of the enhancement
effort discussed the previous week, which would have two Park Rangers patrol Lummus Park.
John Rebar, Parks and Recreation Department Director, detailed the responsibilities of the Park
Rangers that include serving as ambassadors to guests and residents, assist with compliance,
enforce codes, write citations, and they will be in direct contact with the Miami Beach Police
Department.
Commissioner Rosen Gonzalez stated that the Park Rangers are another component in the effort
to save Ocean Drive.
Discussion held.
Parks and Recreation Department Director Rebar stated that there was a homeless epidemic in
Flamingo Park, and the count went down to zero once the Park Ranger program was
implemented. He explained that the Park Rangers would be in service from 8 a.m. until midnight.
Commissioner Arriola asked if the hours could be shifted and start at 10 a.m. and end at 2.a.m.
the following morning.
Discussion held regarding Park Ranger hours and quality of life issues.
Commissioner Rosen Gonzalez would like to see the hours extended to 2:00 a.m.
Discussion continued.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 82
Police Chief Oates stated that the current Park Ranger hours as recommended are appropriate,
because from midnight until 8 a.m. Police Officers should take over due to the dangers Park
Rangers may encounter.
Discussion continued on the Park Ranger hours.
3:17:50 p.m.
R7Z A Resolution Calling For A November 8, 2016 City Of Miami Beach S pecial Election, For The
Purpose Of Submitting To The Electorate Of The City Of Miami Beach A Question Asking
Whether City Code Section 2-485 Should Be Amended To Delete The Requirement That
Lobbyists File An Annual Statement Disclosing Compensation And Expenditures Related To
Lobbying Activities When They Have Not Received Compensation Or Incurred Expenditures
During The Reporting Period.
(Office of the City Attorney)
ACTION: Resolution No. 2016-29510 adopted. Motion made by Vice-Mayor Grieco; seconded
by Commissioner Arriola; Voice vote: 7-0. Office of the City Attorney and Office of the City
Clerk to handle.
Raul J. Aguila, City Attorney, introduced the item.
Joseph Centorino, Executive Director, Ethics Commission, stated that the Ethics Commission
expressed a concern, as the City of Miami Beach is the only local government where they get
referrals from regarding expenditure reports by lobbyists, since the County had a similar
requirement but repealed it. In the City of Miami Beach, the failure to file an expenditure report
has a penalty of $50 per day fine, and if appealed it comes to the Ethics Commission. This has
resulted in grossly disproportionate fines for relative minor violations; most of the time is from
someone that is not familiar with lobbyist regulations and the fines are $10,000 to $30,000 for
having filed forms reporting nothing. This has resulted in something that is grossly
disproportionate, and the Ethics Commission reviewed over 20 lobbyist appeals with
recommended fines from $700 to up to $37,000. Most of the times they waive the fines, and at
times for repeated offenders they impose a 5% fine fee. They had a similar problem wit h the
County and this was resolved by repeal the County provision. The City of Miami requires filing a
financial report, but they have a flat fine of $25. They are limited to enforcing the Miami Beach
provision, which imposes hiring an investigator and finding the violator. He suggested amending
the Ordinance to keep a flat fine fee and he asked the City Commission to consider placing this
issue on the ballot.
Mayor Levine asked what happens if this referendum does not pass.
Raul J. Aguila, City Attorney, explained that with Ethics legislation, the residents tend to uphold
the stronger standards, and that is why the City educates voters with the Voters Guide. If they
decided to reduce fines, it would still be considered a less stringent requirement; he sug gested
placing this on the ballot.
Commissioner Steinberg asked if the City sends notifications to the lobbyists.
Rafael E. Granado, City Clerk, stated that notifications and reminders, second and third, are sent.
Discussion held.
Motion made by Vice-Mayor Grieco; seconded by Commissioner Arriola; Voice vote: 7-0.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 83
11:44:39 a.m.
R7AA A Resolution Calling For A Special Election On November 8, 2016, For The Purpose Of
Submitting To The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether
City Code Section 2-459 (Which Prohibits City Board Members And Their Associates From
Lobbying City Personnel) Should Be Amended To Include An Exception Allowing Land Use
Board (Board Of Adjustment, Design Review Board, Historic Preservation Board, Panel Of
Architects, And Planning Board) Members Who Are Architects Or Landscape Architects To Lobby
City Personnel And Agencies On Land Development Applications, Except For Applications Before
The Board On Which They Serve.
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Office of the City Attorney)
ACTION: Resolution No. 2016-29511 adopted. See related item R5D. Motion made by
Commissioner Malakoff to approve the Resolution; seconded by Commissioner Alemán; Voice-
vote: 5-2; Opposed: Commissioners Steinberg and Rosen Gonzalez. Office of the City Attorney
and Office of the City Clerk to handle.
Eve Boutsis, Chief Deputy City Attorney, introduced the item.
See discussion with item R5D.
Commissioner Malakoff clarified that there cannot be a Panel of Architects unless item R7AA
passes.
7:25:33 p.m.
R7BB A Resolution Approving And Accepting A Grant Of A Perpetual Sidewalk Easement Agreement
Between The City And Palau Sunset Harbor, LLC, As The Owner Of The Residential Apartment
Building Known As “Palau” Located At 1201-1237 20th Street, Miami Beach, Florida; Which
Easements Shall: Allow The City To Use Palau Sunset Harbor, LLC’s Sidewalk As A Public
Sidewalk Pedestrian Access Easement Area.
(Public Works)
ACTION: Resolution No. 2016-29512 adopted. Motion made by Commissioner Alemán to
approve the Resolution; seconded by Commissioner Malakoff; Voice-vote: 7-0. Eric Carpenter to
handle.
Jay Fink, Assistant Director Public Works, stated that this item is asking to enter into a perpetual
easement with the Palau to use the sidewalk on their property, since the previous sidewalk had to
be removed.
Handouts and Reference Materials:
1. Email from Peter Luria peterpl@bellsouth.net dated July 11, 2016 at 7:10 AM, RE: Pedestrian Safety,
ADA compliance, Encroachments in the Public Right-of-Way – Sunset Islands 3 & 4 Infrastructure
Project, Miami Beach, with attached document titled SunsetBridgeNo2boundary.pdf; PastedGraphic-
1.tiff.
2. Email from dkraai@atlanticbb.net dated July 11, 2016 at 8:59 AM, RE: Pedestrian Safety, ADA
compliance, Encroachments in the Public Right-of -Way – Sunset Islands 3 & 4 Infrastructure Project,
Miami Beach.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 84
7:26:19 p.m.
R7CC A Resolution Relating To The Annual Performance Evaluation Of The City Clerk; And, In
Consideration Of The City Clerk’s Exemplary Performance During Contract Year May 1, 2015
Through April 30, 2016, Amending The City Clerk’s Employment Agreement Of April 22, 2015, By
Granting A Salary Increase Of Three Percent (3%), Effective As Of And Retroactive To May 1,
2016; Increasing The City’s Current Contribution To The City Clerk’s 457(b) Deferred
Compensation Plan By $2,100 A Year; Increasing The City Clerk’s Vehicle Allowance By $1,200
A Year; Providing The City Clerk, For The Term Of The Employment Agreement, Cost -Of-Living
Adjustment(s) (COLA) Equivalent To That Received By Unclassified Employees; And Extending
The City Clerk’s Employment Agreement For An Additional One (1) Year, With A New Expiration
Date Of April 30, 2016.
(Sponsored by Commissioner Ricky Arriola)
ACTION: Resolution No. 2016-29513 adopted. Motion made by Commissioner Malakoff to
approve the Resolution; seconded by Commissioner Alemán; Voice-vote: 7-0. Sylvia Crespo-
Tabak to handle.
Commissioner Arriola stated that both the City Clerk and the City Attorney are great assets to the
City, due to their experience and loyalty.
7:28:46 p.m.
R7DD A Resolution Relating To The Annual Performance Evaluation Of The City Attorney; And, In
Consideration And Recognition Of The City Attorney’s Performance During Contract Year May
16, 2015 Through May 15, 2016, Amending The City Attorney’s Employment Agreement, By: 1.)
Approving A Salary Merit Increase Of Three Percent (3%), Effective As Of And Retroactive To
May 16, 2016; 2.) Increasing The City’s Current Contribution To The City Attorney’s 457(b)
Deferred Compensation Plan To $24,000 A Year; 3.) Providing The City Attorney, For The Term
Of The Employment Agreement, Cost-Of-Living Adjustment(s) (COLA) Equivalent To That
Received By Unclassified Employees; And 4.) Extending The Term Of The City Attorney’s
Employment Agreement For An Additional Three (3) Years, With Such Renewal Term
Commencing On May 16, 2017, And Ending On May 15, 2020.
(Sponsored by Commissioner Ricky Arriola)
ACTION: Resolution No. 2016-29514 adopted. Motion made by Commissioner Malakoff to
approve the Resolution; seconded by Commissioner Alemán; Voice-vote: 7-0. Sylvia Crespo-
Tabak to handle.
See discussion with item R7C.
R7EE A Resolution Authorizing The City Manager To Approve The Indian Creek Storm Water
Improvements From 26th To 41st Street Project Utilizing The Competitively Bid National Joint
Powers Alliance (NJPA) Cooperative Contract For Construction Services With The Gordian
Group.
(Public Works)
ACTION: Item deferred to the July 20, 2016 Presentation and Awards Commission Meeting. Eric
Carpenter to handle.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 85
7:29:41 p.m.
ADDENDUM MATERIAL 2
R7FF A Resolution Urging The Florida Legislature To Amend Section 775.085 Of The Florida Statutes
To Include Enhanced Penalties For Felonies And Misdemeanors Committed Against Law
Enforcement Officers, Firefighters, Emergency Services Personnel, And Code Enforcement
Officers Due To Their Employment Status.
(Sponsored by Commissioner John Elizabeth Alemán)
(Legislative Tracking: Office of the City Attorney)
ACTION: Resolution No. 2016-29515 adopted. Motion made by Commissioner Alemán to
approve the Resolution; seconded by Commissioner Arriola; Voice-vote: 7-0. Office of the City
Attorney to handle. Office of the City Clerk to transmit the Resolution.
Commissioner Alemán stated that the City needs to create an environment where the best and
the brightest seek out to become Police Officers, Firefighters and Code Enforcement Officers, in
order to avoid societal problems the City is currently facing. This legislation needs to be adopted
at the State level.
7:31:09 p.m.
ADDENDUM MATERIAL 2
SUPPLEMENT MATERIAL 3: ATTACHMENT
R7GG A Resolution Accepting The City Manager’s Recommendation Of AECOM To Modify The
Methodology For Calculating The Equivalent Residential Unit (ERU) For Stormwater Utility
Usage, And Directing The City Administration To Draft An Ordinance Amending Chapter 110 Of
The City Code To Implement The Modified ERU Calculation From 791 To 849 Square Feet Of
Impervious Area.
(Public Works)
ACTION: Item deferred to the July 20, 2016 Presentation and Awards Commission Meeting.
Eric Carpenter to handle.
City Manager Morales stated that two years ago, the City Commission approved a rate increase
to support $100 million bond; some residents expressed concern about the allocations of
Equivalent Residential Unit (ERU) and a study was requested to see if there was a way to make
it equitable to condominium owners, as compared to homeowners. The Finance and Citywide
Projects Committee has looked at this issue, and AECOM worked with staff to propose a
methodology.
Mayor Levine asked if this item can be deferred to the Presentation and Awards Commission
Meeting of July 20, 2016 or at the September 14, 2016 Commission Meeting.
Eric Carpenter, Assistant City Manager, explained that the challenge in waiting to September is
that they get a rate setting the first week of September.
There was consensus to defer the item to the July 20, 2016 Presentation and Awards
Committee Meeting.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 86
R9 - New Business and Commission Requests
R9A Board And Committee Appointments.
(Office of the City Clerk)
ACTION: The following appointments, reappointments and changes were made:
DISABILITY ACCESS COMMITTEE
David McCauley Removed due to absences
MARINE AND WATERFRONT PROTECTION AUTHORITY
Albert Parron Removed due to absences
Manon "Marie" Hernandez Removed due to absences
MIAMI BEACH SISTER CITIES PROGRAM
Omar Caiola Removed due to absences
POLICE/CITIZENS RELATIONS COMMITTEE
Suzan Speiser TE 12.31.2017 TL 12.31.23 Appointed by Commissioner Kristen Rosen
Gonzalez
John Kanter Removed due to absences
YOUTH COMMISSION COMMITTEE
Benjamin Bernstein TE 06.08.17 TL 06.07.18 Appointed by Mayor Levine
Olivia Kramer TE 06.08.17 TL 06.07.18 Appointed by Commissioner Alemán
Liaison Appointments
Morgan Goldberg LGBT Advisory Committee
David Zaret Miami Beach Commission for Women
Dr. Leslie Rosenfeld Miami Beach Youth Commission
TE: Term Ending
TL: Term Limit
R9A1 Board And Committee Appointments - City Commission Appointments.
(Office of the City Clerk)
ACTION: No appointments were made.
8:32:48 a.m.
R9B1 Dr. Stanley Sutnick Citizen’s Forum.
ACTION: The following individuals spoke:
1. Jean Martielli stated that she owns a historic building in the City, and complained of inability to
sleep due to the trash situation in the neighborhood because her neighbors are storing trash
in the backyard. She reached out to Code Compliance, but the situation has not been
resolved. She urged the City Commission to restore her quality of life.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 87
City Manager Morales stated that her e-mails have been forwarded to staff, and he will follow
up on it. Robert Santos-Alborna to handle.
2. Ofelia Colunga spoke on the crime occurring in the community, which has created a high
crime rate, homeless attacks, and people smoking marijuana. She complained of vehicles
speeding at night in the neighborhood and has begun to feel “afraid” to go out at night. Ocean
Drive and Washington Avenue are the areas of concern. They need the City Commission
actions to continue. She supports the sale of alcohol to stop at 2:00 a.m.
3. Betty Ortega, Vice-President of Decoplage Condominium Association, complained that there
is a lack of Police presence in the corridor from the Ritz Carlton to the beach, as there are
drugs being sold and alcohol in the beach concession areas. She asked that this tourist area
be more protected.
4. Mitch Novick commented on the public safety of the streets of the City, and read a message
into the record. He added that the hiring of more Police Officers has repeatedly been proven
to be a waste of taxpayers’ money, and the answer is rezoning the Entertainment District, as
it was done in New York City, Panama City and others.
5. Rachel Poses expressed concern over the design of the new seawall at the Cherokee Street
end; she stated it would be a shame to take away the access of residents to Surprise Lake.
There are alternatives the City could consider that achieve both the City’s needs to combat
sea level rise and still allow residents to have access to the water.
6. Jolie Warshaw, Director of Sales for Avalon Hotel and South Seas Hotel, stated that two
weeks ago two of their guests were attacked and sexually assaulted. It is time for change on
Ocean Drive. Corporate partners are reluctant to book with them and have lost business
because it is not safe. The safety of the City is paramount.
7. David Mills, representing concerned citizens, stated that the occupancy of hotels is down
10%; and the main reason for this is the lawlessness, rowdiness and loudness of Ocean
Drive. Guests complain about the noise in Ocean Drive. The balance has shifted to the
nightlife. He is in support of regulating alcohol establishments by 2:00 a.m. Hoteliers and
nightlife must be balanced.
8. Robin Schwartz, LGBT member, spoke on item C4N regarding renaming “Banyan Park.” She
stated that the word “tolerance” may not be the appropriate and suggested using the word
“sensitive.”
Commissioner Malakoff asked if there were other recommendations.
Discussion held.
9. Joshua Wallach stated that Ocean Drive is the crown jewel of the City, and it is an important
part of the Miami Beach destination. He believes the solution to Ocean Drive’s problem is to
get tough on people coming across the bay targeting guests and tourists, and he believes
they need to preserve the City’s nightlife.
10. Reverend Thompson, Miami Beach Community Church, spoke on the issue of mobile
showers for the homeless. Mobile showers are recommended by the Committee on the
Homeless. He shared his experience with homeless individuals and added that there is a
sense of hopelessness on the streets. He urged not to forget those that do not have a voice
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 88
and need the help.
11. Sabrina Carta, Mango’s Tropical Café, is not in support of the 2:00 a.m. cutoff of alcoholic
beverages. She believes that many establishments do not follow the law. She added that the
City should enforce the law first.
12. Mike Palma with Clevelander stated that they want the best for Ocean Drive and to lower
crime. He believes the answer is not changing the alcohol sales deadline to 2:00 a.m., but to
get Code Enforcement and the Police engaged, and come up with a solution working together
with the City.
13. Lynn Hernandez, South Florida Regional Director for Florida Restaurant and Lodging
Association, met with other hotel operators yesterday, and they oppose regulations on limiting
the sale of alcoholic beverages at 2:00 a.m. on Ocean Drive.
14. David Wallach, Mango’s Tropical Café, stated that it is disconcerting to all of them to see what
is going on with Ocean Drive. His establishment has invested money and time in Ocean
Drive. He gave a historical summary of Ocean Drive dating from the time of Mayor Ciment to
the present. He stated that policing the area is the right thing to do. This government gave an
entertainment license to a wholesale liquor store on 9th Street, and it is now a high-crime area.
They have repeatedly asked to change the zoning to stop wholesale liquor establishments.
The laws are not being enforced, such as the open-container law. He has sent e-mails on
repeated occasions and nothing has been done. There was no Police presence during the
Fourth of July. He talked of the high character of the Miami Beach Police Department, but
urged the City Commission to increase the Police visibility on Ocean Drive.
1:06:00 p.m.
R9B2 Dr. Stanley Sutnick Citizen’s Forum.
ACTION: The following individuals spoke:
1. Helen Schwartz, Disability Access Committee member, stated that there are some streets
that are poorly maintained that pose a danger to handicapped individuals, more specifically;
the 1100 Block of Lincoln Road. In regards to the trolleys, people voiced concerns about the
trolleys because the access is steep for many handicapped residents.
2. Captain Dan Kipnis spoke regarding Purdy Park and the commercial use for duck tours and
kayaks being proposed; he commended the City Commission for having a park ranger there.
This has worked and eliminated the conflict. The park can be used for limited commercial use.
Vice-Mayor Grieco informed that the item had been approved. (See item R5A.)
3. Ray Breslin stated that many residents are concerned about traffic, but there is a massive
effort being done by the City to renovate the Convention Center with the least amount of
traffic impact as possible.
4. Beth Bowling spoke on light rail connectivity between specific areas and community events at
the New World Symphony. The light rail needs to unify neighborhoods, and not divide them.
Discussion held regarding the light rail project.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 89
5. Beverly Unger spoke regarding access to Surprise Lake for residents at the Cherokee
Avenue Seawall. She asked that the City Commission preserve the view to the lake.
6. Ana Calderon, Miami Beach resident, spoke in Spanish. Building Director Mariano Fernandez
translated at the request of the City Commission. He explained that Ms. Calderon feels
discriminated. She attends the 5th Street cafeteria, but was recently told that seniors who do
not live in the building will no longer be allowed to eat at that location.
Commissioner Rosen Gonzalez stated that the City needs to look into what is going on with
the Little Havana Activities and Nutrition Center (Little Havana) funding, because now it is
affecting several of the City’s cafeterias. (See item R9J.)
7. Ricardo Gonzalez stated that he like many other seniors is appreciative of the benefits this
country offers its citizens, but there is also a great deal of abuse in the system. He believes
they are being shunned away from these cafeterias, because they do not live in the buildings
where they are located. (See item R9J.)
Commissioner Rosen Gonzalez stated that they should pass a resolution asking Little Havana
to explain what their funding problem is.
Commissioner Alemán stated that Council Tower South is now rationing meals. Seniors need
to get a voucher before they get their meals.
Maria Ruiz, Housing and Community Services Director, stated that she will reach out and see
what the situation is.
Commissioner Arriola asked Ms. Ruiz to report to the City Commission by next week’s
meeting or sooner, because this is a problem and even Mayor Gimenez has been hearing
about this situation. Maria Ruiz to handle.
Ms. Ruiz stated that five sites have shut down, because of the funding cuts from the State
Legislature. In answering Mayor Levine, she stated that Stella Maris actually requires $59,000
per year to fund the meals.
Mayor Levine explained that the One Miami Beach charity may be able to help, and he could
start making telephone calls asking for donations for this cause, if his colleagues direct him to
do so.
Commissioner Steinberg stated that there needs to be a clarification as to what is happening,
and whether there is more to this story.
Commissioner Alemán agreed with Commissioner Steinberg’s statement and asked whether
this is because of lack of State funds, or Little Havana’s mismanagement.
Discussion held.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 90
7:33:01 p.m.
R9C Discussion Regarding North Beach Local Historic Districts And Recommendations Of The North
Beach Master Planner.
(Sponsored by Commissioner John Elizabeth Alemán and
Co-Sponsored by Commissioner Joy Malakoff)
ACTION: Discussion held. Direction to get local designation process started based on the
provided boundaries. Thomas Mooney to handle.
Commissioner Alemán introduced the item, and stated that a border has been created around the
Local Historic Districts in North Beach.
Commissioner Malakoff asked that the City make sure steps are taken to get the Local Historic
Districts designated sooner rather than later so the moratorium can be lifted, and the
development regulations from the Master Planner can be implemented.
Thomas Mooney, Planning Department Director, asked for direction in bringing the preliminary
evaluation back to the Historic Preservation Board.
Commissioner Malakoff stated that the Historic Preservation designation needs to move forward.
Discussion continued.
7:36:56 p.m.
R9D Discussion Regarding A New Paradigm For A Resident Alert System.
(Sponsored by Commissioner John Elizabeth Alemán)
(June 8, 2016 Item Requested to come back in July 13, 2016 - R9Q)
ACTION: Discussion held. Ariel Sosa to handle.
Commissioner Alemán introduced the item.
Mark Taxis, Assistant City Manager, stated the Information Technology staff has been working on
this project; it will be delivered within the next 30 days. He stated a person would be able to
register an e-mail address with the City. After they register, they will be able to search any
keyword, and if those words appear on an agenda, a link would be sent to their registered e-mail
address.
4:02:14 p.m.
R9E Discussion Regarding The Recommendation Of The Neighborhood/Community Affairs
Committee At Its May 13, 2016 Meeting To Refer To Commission The “Issue” Of Encroachments
In The Public Right Of Way.
(Capital Improvement Projects)
ACTION: Discussion held. Motion made by Vice-Mayor Grieco to support staff recommendation
and add the clear zones; seconded by Commissioner Arriola; Voice vote: 5-3; Opposed:
Commissioners Alemán, Steinberg and Malakoff. Eric Carpenter to handle.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 91
Eric Carpenter, Assistant City Manager/Public Works Director, stated that they seek direction
regarding the treatment or removal of encroachments in the public right-of-way during Capital
Improvement Projects in neighborhoods. He stated there were three different items they had
identified for potential discussion points. The first issue is the safety concern; second is storm
water management; and third is an equity issue. This was discussed at the
Neighborhood/Community Affairs Committee (NCAC) and the Committee made their
recommendations. Their recommendation is the equity issue is internally too complex to g o into
detail. He believes they have work around for the storm water issue. There is support for
addressing the triangle issue but no clear direction on the clear zone (six-foot wide in small
neighborhoods from the edge of pavement where one has to have non-frangible structures).
Mayor Levine stated he had no specific thoughts on the matter, and asked the Commissioners if
they had any specific recommendations.
Jimmy L. Morales, City Manager, stated that there is consensus on sight triangles. The issue is
the six-foot clear zone, and the concern is that the City could face liability if there were an
accident.
Mayor Levine asked Eric Carpenter where he is seeing a backlash.
Eric Carpenter stated it was mainly through e-mails.
Discussion held.
The following individuals spoke regarding safety issues:
Judith Samuels
Tony Rodriguez
Jacqueline Lalonde
Discussion continued.
Mayor Levine told Assistant City Manager/Public Works Director Carpenter he does not believe in
a one size fits all approach for every street.
Assistant City Manager/Public Works Director Carpenter said they will not take a one-size fits all
approach, they will enforce minimum standards.
Discussion continued.
Vice-Mayor Grieco asked how wide the actual roadways are now on Sunset Islands 3 and 4.
Assistant City Manager/Public Works Director Carpenter said there are currently two 8-foot wide
lanes, for a total of 16 feet.
Discussion held.
David Martinez, CIP Director, explained the clear zones and stated that they will rip out two feet
and lose two to four feet beyond the gutter line.
Mayor Levine suggested trying to work with the neighbors, appropriate boards/committees, and
associations.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 92
Assistant City Manager/Public Works Director Carpenter stated that he believes they gave
everything they could to the Neighborhood/Community Affairs Committee (NCAC) Board. There
were a total of 18 requests made by the Neighborhood/Community Affairs Committee (NCAC)
and they have given them approximately 12 out of the 18 requests.
Discussion held.
Motion made by Vice-Mayor Grieco to support staff recommendation and add the clear zones.
The following individuals spoke after Vice-Mayor Grieco made a motion:
Inga Luccisaenis, Sunset Island IV resident
Peter Luria
5:33:36 p.m.
R9F Discussion Regarding The Temporary Relocation Of Maurice Gibb Playground.
(Sponsored by Commissioner Kristen Rosen Gonzalez)
ACTION: Discussion held. Motion made by Commissioner Steinberg; seconded by Commissioner
Rosen Gonzalez to refer to Neighborhood/Community Affairs Committee. John Rebar to handle.
REFERRAL:
Neighborhood/Community Affairs Committee
Commissioner Rosen Gonzalez stated that residents are concerned there will be no park while
the City revamps Maurice Gibbs Park. She wants to address the issue and would like to relocate
the park to Belle Isle or across the street.
John Rebar, Parks & Recreation Director, stated that there are three options. The first is building
a permanent structure in Belle Isle. The second is to build a temporary structure in Belle Isle that
will be removed once Maurice Gibbs Park reopens; and third is to build a temporary structure
adjacent to the Maurice Gibbs Park.
Discussion held.
Commissioner Steinberg appreciates the options and thinks is a bigger conversation about where
the park is going. She suggested referring the item to Committee. Real timelines and numbers
need to be evaluated. She also asked John Rebar when they would begin construction on the
Park.
Parks & Recreation Director Rebar stated they may begin construction this calendar year. It will
be out of service for up to 18 months from the time of closure until they reopen.
Commissioner Rosen Gonzalez asked what is the most finically sound option.
Discussion held.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 93
1:48:26 p.m.
R9G Discussion To Reconsider Seawall In Lakeview Neighborhood, As It Is Overwhelming And
Unnecessary At This Time.
(Sponsored by Commissioner Kristen Rosen Gonzalez)
ACTION: Discussion held. Item referred dually to the Neighborhood/Community Affairs
Committee (NCAC) and Finance & Citywide Projects Committee by acclamation. See motion and
referral below. Morgan Goldberg and Allison Williams to place on the Committee Agendas.
Eric Carpenter to handle.
MOTION NO. 1:
Motion made by Commissioner Alemán to come back with alternate designs for a low profile
seawall that would allow neighborhood access to the lake; a standard concept applicable to all
City’s seawalls, allowing interior neighbors access to the water and refer the item to the Finance
and Citywide Projects Committee to evaluate alternative costs; seconded by Commissioner
Rosen Gonzalez; Voice vote: 3-4: Opposed: Mayor Levine and Commissioners Arriola, Malakoff,
and Vice-Mayor Grieco. Motion fails.
MOTION NO. 2:
Motion made by Commissioner Alemán to remove Cherokee out of the table and look at the
overall study of street ends and come up with an evaluation. By acclamation.
REFERRAL:
Dual referral to the Neighborhood/Community Affairs Committee (NCAC) and Finance & Citywide
Projects Committee
Eric Carpenter, Assistant City Manager/Public Works Director, introduced the item. The seawall is
a priority 2 item, with an NAVD of 0.88. As a result, they recommend to move forward with this
wall funded in FY 15/16, and as of October 1st they will be moving forward with the wall.
Discussion held.
Commissioner Rosen Gonzalez stated that they want something fair and equitable to everyone,
and asked Assistant City Manager/Public Works Director Carpenter to explain the ADA issues.
Assistant City Manager/Public Works Director Carpenter stated that kayak launching at other
parks, such as Pine Tree Park, are ADA accessible, but he is not sure whether this is required.
They are trying to determine what is required when doing such a project.
Rick Kendle stated that at this time they cannot do kayak launch because it is currently illegal to
launch from street ends per a City Ordinance passed two years ago and the State considers
kayaks and paddleboards as vessels. In the future a kayak launch can be added, and it does not
have to be ADA compatible. He thinks they should move forward with the seawall.
The following individuals spoke in favor of the kayak launch:
Eric Poses
Captain Dan Kipnis
The following individuals spoke against the kayak launch:
Rick Kendle
Roger Miller
Kathy Tyne
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 94
Jeff Bercow
Discussion held.
Eric Carpenter, Assistant City Manager/Public Works Director, explained how the issue of this
seawall got started in 2012 before this City Commission was elected. The City has been working
to get the contract in place.
Commissioner Steinberg stated that there is misinformation about the seawall and what people
wanted. The City has raised its standards to higher levels, and that plays into this. She suggested
to move forward with the seawall, but to give the community the opportunity to have a kayak
launch.
Commissioner Arriola believes there is no consensus to do both and believes there is strong
opposition to a kayak launch, and the City should move forward with the seawall.
Commissioner Alemán stated that neighbors believe the seawall needs to be repaired, and
neighbors are opposed to this becoming a destination with a disrupting parking situation. An
aftermarket kayak launch will protrude, and neighbors do not want that. She was shown a
possible solution with a design where the seawall is engineered in such a way that there is
access to water from neighbors; there are destination kayak launches at other parks, such as
Maurice Gibb Park. She asked for possible solutions and bring the item back in September to see
what can be done Citywide.
Commissioner Malakoff is not in support of a kayak launch because of parking issues in the
residential area, swales and driveways. She thinks it is an unsound use of the City’s public money
that should be used for public parks.
Commissioner Rosen Gonzalez believes that everyone wants to repair the seawall, but there
should be a compromise so that everyone can have access to the water.
Mayor Levine stated that the mandate to the Administration is to carry on and get the seawall
done.
MOTION NO. 1:
Motion made by Commissioner Alemán to come back with alternate designs for a low profile
seawall that would allow neighborhood access to the lake; a standard concept applicable to all
City’s seawalls, allowing interior neighbors access to the water and refer the item to the Finance
and Citywide Projects Committee to evaluate alternative costs; seconded by Commissioner
Rosen Gonzalez; Voice vote: 3-4: Opposed: Mayor Levine and Commissioners Arriola, Malakoff,
and Vice-Mayor Grieco. Motion fails.
MOTION NO. 2:
Motion made by Commissioner Alemán to remove Cherokee out of the table and look at the
overall study of street ends and come up with an evaluation.
Mayor Levine suggested a dual referral to the Neighborhood/Community Affairs Committee
(NCAC) and Finance. Referral approved by acclamation.
Handouts and Reference Materials:
1. List of Signed Letters from Neighbors Updated as of July12, 2016.
2. Cherokee Avenue Street-End Seawall – May 2015 E-Mail Correspondence.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 95
3. Photographs of seawall.
4. Alternate Design Concepts for the Cherokee Seawall Lakeview Neighborhood, created by Jason
Cummins, Marine Engineer, Cummins I Cederberg, submitted by the City of Miami Beach by Eric
Poses, July 13, 2016.
5. List of Signatures Supporting the Petition to Maintain Water Access for NMVs at the Cherokee
Avenue Street-End Seawall, submitted by Eric Poses, July 11, 2016.
7:37:27 p.m.
R9H Discussion On High-Floor Trolley Vehicle Order Cancellation Impact And Options To Consider.
(Transportation)
ACTION: Discussion held. Lilia Cardillo to place on the July 20, 2016 Presentation & Awards
Commission Agenda. Jose Gonzalez to handle.
DIRECTION:
Move forward with Option 3, and
Bring item back to the July 20, 2016 Presentation & Awards Commission Meeting to approve the
amendment to the current agreement.
Jose Gonzalez, Transportation Director, explained that at the June 8 Commission Meeting,
direction was given to staff to cancel an order for seven (7) out of fourteen (14) modified/kneeling
high-floor/rear-end trolleys that were already in production, and at that meeting it was discussed
the cost related to parts; since June 8, 2016 they formally communicated the direction to the
trolley manufacturer, LSF, and LSF provided a letter, that is part of the record, that s tates that the
City’s exposure as a result of the cancellation is approximately $1.5 million. Subsequently,
considering that the cancellation cost of the seven (7) trolleys is higher than the full cost of
ownership, the City directed LSF not to cancel the order. Three Options have been presented on
how to move forward and staff is seeking direction. Option 1 follows the original direction
provided by this body, consisting of proceeding with 14 modified kneeling/high-floor trolleys for
North Beach, Mid Beach and Collins Lane loop, and competitively procuring the South Beach
trolley service with local trolleys only. Option 2 is the same as Option 1, with the exception of
adding an on-demand service that they would procure for wheelchair passengers only. Option 3,
in lieu of competitive bidding the South Beach trolley service, an amendment can be made to the
existing agreement with the trolley operator and add the South Beach trolley as part of that
amendment using low-floor vehicles and then they would be disbursed among all the trolley
routes.
Commissioner Malakoff recommends Option 2 to go forward with what they already spent the
money on, and not take $1.5 million hit; however, they already directed staff to order the low-floor
trolleys for the South Beach route. Passengers in wheelchairs will have an opportunity for on-call
service or taking the kneeling trolleys, which also are ADA accessible.
Discussion held.
Commissioner Rosen Gonzalez is not in support of Option 3.
Alex Heckler, Esq., representing Transportation America and LSF, stated that in January 2016
the City Commission voted for procuring the 14 trolleys; they negotiated with City staff, and
explained that they are supportive of the direction given by this City Commission in moving
forward.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 96
Discussion continued regarding the City’s model.
Commissioner Steinberg stated that she has a problem with this; this is not just an issue of
handicap accessibility, but it is also about someone with a stroller or a cane, and all sorts of
accessible issues that may occur. She suggested implementing a few low-floor trolleys to be in
the circulator, with the difference of the headway, but they still get that service.
Discussion continued.
Commissioner Malakoff requested going forward with the existing order, including low-floors for
the South Beach route, and provide an additional service for on-demand service for passengers
in wheelchairs.
Vice-Mayor Grieco concurs.
Discussion continued.
Commissioner Steinberg thinks Option 3 is the best option at this time.
Commissioner Alemán stated that Option 3 has the trolley App with an indicator for the schedule
when the low-floor arrives; is predictable, although less frequent. She suggested Option 3.
Discussion continued.
Kathie G. Brooks, Assistant City Manager, stated that either one is doable; Option 3 will have
them at all routes and the App can tell people when they are approaching; the difference with
Option 2 is that all of the South Beach trolley service will be low floors. Instead of using all of
them in South Beach, they will switch out some of the ones in North Beach as well. If Option 3 is
chosen, they need to come back on Wednesday, July 20, 2016 to approve the amendment to the
current agreement.
Discussion continued regarding Option 3.
7:46:37 p.m.
R9I Referral To The Planning Board - Ordinance Amendments For Transit Intermodal Facilities: A)
Comprehensive Plan Amendment Implementing The Transit Intermodal Facilities Component Of
The Transportation Master Plan; And B) Amendments To Land Development Regulations Of The
City Code Regarding Height And Accessory Use Requirements For Main Use Parking Structures
And Transit Intermodal Facilities.
(Sponsored by Commissioner Ricky Arriola)
(Legislative Tracking: Transportation)
ACTION: Discussion held. Motion made by Commissioner Malakoff to refer the item to the
Planning Board; seconded by Commissioner Rosen Gonzalez. Voice vote: 7-0. Jose Gonzalez
to handle.
REFERRAL:
Planning Board
Commissioner Arriola introduced the item. This is a referral to the Planning Board to discuss the
Land Use amendment allowing intermodal facilities to be used throughout various zoning districts.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 97
Thomas Mooney, Planning Department Director, stated that this item has been endorsed by the
Land Use & Development Committee.
1:28:15 p.m.
R9J Discussion Regarding The Closure Of The Stella Maris House Congregate Meal Site Operated
By Little Havana Activities And Nutrition Center.
(Sponsored by Commissioner John Elizabeth Alemán)
(June 8, 2016 Item Requested to come back in July 13, 2016 - R9V)
ACTION: Discussion held. Bring item to the July 20, 2016 Presentation and Awards Commission
Meeting. Moved by acclamation. The City will provide interim funding to Little Havana Activities
and Nutrition Center through July 22, 2016. Maria Ruiz to handle.
See item R9B2 Stanley Sutnick Hour Part 2 at 1:17:23 p.m. for the following speakers: Ana
Calderon, and Ricardo Gonzalez.
Vice-Mayor Grieco asked Ms. Ruano how many sites Little Havana Activities and Nutrition Center
(Little Havana) serves.
Betty Ruano from Little Havana, replied that they currently serve 16 sites including Stella Maris,
and have closed two sites, effective July 1, 2016, and Stella Maris is pending today’s outcome.
Vice-Mayor Grieco asked what the process is for Little Havana to know when to stop serving, and
make budget cuts.
Ms. Ruano stated that cuts are made equally at all locations, in order to keep all sites operational,
but the centers have been running at a deficit each year. All these centers use bare minimum
requirements such as one coordinator, one part-time aide, partial liability insurance, electrical
bills, and some centers have telephones. They have recently applied for County funds, and are
currently in the competitive process.
Mayor Levine asked that this be vetted between this meeting and the following meeting of July
20, 2016.
Commissioner Rosen Gonzalez asked to see the numbers of what is being spent on the Miami
Beach centers. Rebecca Towers and Council Towers seem to be properly funded, but as the
speakers said during Sutnick hour, some seniors are being turned away because they do not live
in those specific towers.
Ms. Ruano stated that meals would not be impacted in any location.
Commissioner Rosen Gonzalez stated that the Stella Maris is in need of $59,000.
Mayor Levine asked to bring this item back to the Presentations & Awards City Commission
Meeting of July 20, 2016.
Ms. Ruano explained that the funding problem occurred because the money was granted on a
non-recurring basis, which had to be requested every year. After years of relying on this money,
the State Legislature recently denied the funds.
Commissioner Rosen Gonzalez stated that the City Commission would look for the needed funds.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 98
City Manager Morales stated that the City has been funding Little Havana in the interim, and it
ends this Friday, July 15, 2016. He requested the City provide Little Havana funding through next
Friday, July 22, 2016. Request granted by acclamation.
7:47:16 p.m.
R9K Discussion Regarding Streamlining Permitting For Interiors Of Residential Units.
(Sponsored by Commissioner Joy Malakoff)
ACTION: Discussion held. Mariano Fernandez to handle.
Commissioner Malakoff introduced the item, and stated that when a Miami Beach resident wants
to renovate the interior of their condominium unit or single-family home, the plans must first be
brought to the Building Department, Planning and Zoning, Public Works and the Fire Department.
She recommends streamlining the process, as far as the permits are concerned.
Mariano Fernandez, Building Department Director, explained that by the City Code all of these
Departments must review the plans, but what he can do is review the process, and see if there
are ways to make it more efficient.
Discussion held on the efficiency of reviewing interior renovation plans.
7:49:52 p.m.
R9L Discussion Regarding Taking Legal Action Against Airbnb, Before It Takes Legal Action Against
The City For Trying To Regulate It.
(Sponsored by Commissioner Kristen Rosen Gonzalez)
ACTION: Discussion held. Office of the City Attorney to monitor.
Commissioner Rosen Gonzalez thinks they should pursue legal action against Airbnb, due to all
of the illegal listings taking place in the City. She highlighted the legal action taken by the City of
San Francisco against Airbnb.
Mayor Levine does not believe litigation is the right choice at the moment, but he believes the
City’s current fines are so large that it will deter people from using Airbnb.
Discussion held regarding the City of San Francisco’s litigation against airbnb.
Aleksandr Boskner, Deputy City Attorney, stated that it is not the recommendation of the Office of
the City Attorney to initiate litigation against airbnb, but they are monitoring what is going on.
Ray Breslin asked that a hotline be setup to make it easier to report the Airbnb activity.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 99
7:59:48 p.m.
R9M Discussion Regarding Placing A Ballot Question On The November 8, 2016 Special Election,
Regarding A Charter Amendment Requiring Voter Approval Before Allowing An Increase To The
Maximum Building Heights.
(Sponsored by Commissioner Kristen Rosen Gonzalez)
ACTION: Discussion held. Item heard in conjunction with item R9T. Deferred to the July 20, 2016
Presentations & Awards City Commission Meeting. City Attorney to provide legal opinion; City
Clerk to provide update on petition signature certification from the Miami-Dade County Supervisor
of Elections. Lilia Cardillo to place on the Presentations & Awards City Commission Agenda, if
received. Office of the City Attorney to handle.
Commissioner Rosen Gonzalez introduced the item. Between 5,000 and 6,000 signatures were
collected in a petition regarding building height increases, which would require a majority
approval in a Citywide referendum any time a building is to be increased by more than three-feet.
The amount of signatures collected in the petition is approximately half the amount of voters who
participated in the last municipal election.
Raul J. Aguila, City Attorney, recapitulated that on July 5, 2016, the original petition papers were
presented by Save Miami Beach 2016 to the City Clerk. Those petitions contained an estimated
4,804 signatures. The City Clerk transmitted the petition on July 6, 2016 to the Miami-Dade
County Supervisor of Elections, who is in charge of determining whether the petition has been
duly signed by 10% of the qualified electorate as of the last general election, which took place on
November 3, 2015. For the City Commission to consider the item and place it on the ballot 4,458
valid signatures are required. The Office of the City Clerk has been in frequent contact with the
County Elections Office as they are going through the process of validating the signatures, and
they may be finished with their review by next week. Before the question could be considered for
the ballot, the City Attorney must provide his opinion on the question’s Constitutionality.
Commissioner Rosen Gonzalez motioned to place the question on the ballot. The motion was not
seconded.
Mayor Levine stated that the City Commission should wait until the petition Certification arrives
from the County.
Commissioner Steinberg stated that she is interested in hearing what the Miami Beach residents
have to say, but she believes this should be deferred until the July 20, 2016 Presentations &
Awards City Commission Meeting.
City Attorney Aguila explained that at this point both the City and County are following the
process in their respective Charters. The deadline to place items on the ballot for the November
8, 2016 election is August 9, 2016. He reminded all those present that he still needs to provide
his opinion on whether the item is appropriate for the ballot, which he will have ready for next
Wednesday’s Presentations & Awards City Commission Meeting.
Discussion held.
Commissioner Arriola commended Mr. Ciraldo who collected the signatures for the petition, even
though he does not agree with the effort.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 100
8:11:26 p.m.
R9N Discussion Regarding Mobile Showers, And Other Recommendations, To Emerge From The
City’s Homeless Committee.
(Sponsored by Vice-Mayor Michael Grieco)
ACTION: Discussion held. Referred to the Neighborhood/Community Affairs Committee (NCAC).
Maria Ruiz to handle.
REFERRAL:
Neighborhood/Community Affairs Committee (NCAC)
Vice-Mayor Grieco introduced Valerie Navarrete, Chair of the Committee for the Homeless, who
has been present in the audience since 8:30 a.m.
Valerie Navarrete showed a PowerPoint presentation and asked for support of a mobile shower
and bathroom service for the homeless. Click here to view.
Mayor Levine would like to study this further.
Maria Ruiz, Housing Community Director, stated that the City of San Francisco has spent millions
of dollars on this service, and the net number of homeless population has actually increased. We
want to end homelessness, not make it more comfortable. We want to create a civil society, and
she does not believes this is the adequate way to get there.
Commissioner Malakoff wants to add no panhandling zones on Ocean Drive.
Commissioner Arriola stated that he would like to discuss this further, before taking a vote on it.
Vice-Mayor Grieco suggested referring this to Neighborhood/Community Affairs Committee
(NCAC), by acclamation.
Commissioner Alemán commended the Committee for the Homeless and Maria Ruiz for her
efforts. They are looking to reduce homelessness.
Handouts and Reference Materials:
1. Informational pages, Pit Stop http://sfdpw.org/pitstop from Sam Dodge, Director of HOPE Program.
8:11:48 p.m.
R9O Discussion Regarding Setting A Special Commission Meeting On August 8, 2016.
(Sponsored by Vice-Mayor Michael Grieco)
ACTION: Item withdrawn.
5:37:57 p.m.
R9P Discussion Regarding What Can Be Done To Ensure Continued Access For Emergency Vehicles
And Residential Access To/From The Venetian Causeway During Construction On The East
Bridge.
(Sponsored by Commissioner Micky Steinberg)
ACTION: Discussion held. Jose Gonzalez to handle.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 101
Commissioner Steinberg stated that there is work to be done, originally it was slated for
September, but in the event that it is not postponed, she wants to make sure that residents living
on the Venetian Islands know the shortcut to get to their homes.
Paul Acosta, Police Captain, explained that Miami Beach will do the same when the West Side is
inoperative. There is an agreement with Miami for Downtown units to dispatch.
Discussion held.
Commissioner Malakoff read an announcement from the County into the record.
Eric Carpenter, Assistant City Manager/Public Works Director, added that the notice to proceed
date will be August 1, 2016, because there is an issue with the lead-time on some of the
equipment. There is a 90-day lead-time, and the equipment should be in by October 15th, and
then looking at a 45-day shutdown of the East Bridge locked open.
Commissioner Steinberg asked if they could get the West Bridge on lock down to make it a little
less inconvenient.
Assistant City Manager/Public Works Director Carpenter stated that they currently do not have
Coast Guard approval for a lockdown; however, they feel a great deal more comfortable with the
West Bridge, because it is a newer bridge and it has a generator back up system.
Commissioner Steinberg believes they should urge the Coast Guard still.
Discussion continued.
Mr. Acosta explained the “Operation Rescue” program, which went well.
Commissioner Steinberg urged the City to give residents proper notifications. Jose Gonzalez to
handle.
3:49:24 p.m.
R9Q Discussion Regarding Iconic Playgrounds.
(Sponsored by Commissioner Ricky Arriola)
ACTION: Discussion held. Heard in conjunction with item C4M. John Rebar to handle.
Commissioner Arriola stated that parks are one of the most important public places and when
designing playgrounds, they can go run of the mill and select from a catalogue or make an effort
to beautify them; just because they can be iconic does not necessarily mean they will be more
expensive. He stated a great deal of children in the community do not have backyards, and
playgrounds are the only way for these children to be outdoors. He asked for the City to make an
effort to build world-class playgrounds, and commit to do so. The Parks Advisory Board had some
recommendations.
Commissioner Malakoff stated that the parks need to be appropriate for the South Florida climate
due to the salt and humidity.
Discussion held.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 102
Commissioner Alemán mentioned that she had a referral to Finance Committee for figures and
asked to co-sponsor the item.
Discussion held.
Carolina Jones, Chair of the Parks Advisory Board, presented a slide show. Click here to view.
Discussion held regarding naming “Banyan park.” See referral at C4N.
Commissioner Alemán stated that the LGBT Advisory Committee did not believe “Tolerance” was
the right name for the park, based on the definition. The LGBT Advisory Committee would like a
name that stands for diversity.
Carolina Jones invited the City Commissioners to attend the Parks and Recreation Committee.
Marilyn Freudlich stated that the park equipment that was displayed in the presentation were
amazing and would be very welcomed in the community. She asked that they keep parks with
proper shade, proper lighting for safety, pleasing landscaping around the parks and equipment for
handicapped children.
Ray Breslin spoke.
7:51:57 p.m.
R9R Discussion Regarding Legislative History Of Height Increases In Miami Beach.
(Sponsored by Commissioner John Elizabeth Alemán)
ACTION: Discussion held. Thomas Mooney to handle.
Commissioner Alemán had asked Thomas Mooney, Planning Director to create a history of
height increases since 2013.
Thomas Mooney, Planning Department Director, showed a slide presentation and stated there
have only been seven approved height increases since January 2014. Click here to view.
Vice-Mayor Grieco asked Thomas Mooney, out of the seven that were approved, which places
built their facility to the approved height increase.
Commissioner Alemán stated no places have been built with the approved height increase.
8:14:00 p.m.
R9S Discussion Regarding Disability Access Committees’ Motion (LTC No. 162-2016) To Support
Installation Of An ADA Path On The 1100 Block Of Lincoln Road Connecting Lenox Avenue And
Alton Road.
(Sponsored by Vice-Mayor Michael Grieco)
ACTION: Discussion held. Motioned made by Vice-Mayor Grieco; seconded by Commissioner
Steinberg; Voice-vote: 7-0. Eric Carpenter to handle.
Vice-Mayor Grieco introduced the item and stated this issue goes back to 2012.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 103
Discussion held.
Eric Carpenter, Assistant City Manager/Public Works Director, stated that they have a budget
item for the installation of a friendlier surface. The City has $87,500 available for the project. He
stated they have received some resistance from property owners out there. He asked the City
Commission if they would like to move forward.
Vice-Mayor Grieco wants to move forward.
7:59:48 p.m.
R9T Notification Of Receipt Of Save Miami Beach 2016’s Petition For The City Commission To Submit
To City Electors An Amendment To Section 1.03 Of The City Charter.
(Office of the City Clerk)
ACTION: See Item R9M. Discussion held. Item deferred to the July 20, 2016 Presentations &
Awards City Commission Meeting. City Attorney to provide legal opinion. City Clerk to provide
update on petition signature certification from the Miami-Dade County Supervisor of Elections.
Lilia Cardillo to place on the Presentations & Awards City Commission Agenda, if received.
Office of the City Attorney to handle.
8:12:56 p.m.
R9U Discussion On Public Bike Repair Stations.
(Sponsored by Commissioner Ricky Arriola)
ACTION: Discussion held. Jose Gonzalez and John Rebar to handle.
DIRECTION:
Research appropriate locations for a pilot program.
Commissioner Arriola suggested installing inexpensive bike kiosk repair stations throughout the
City to help promote bicycle transit.
Commissioner Malakoff stated she agrees with the idea of the bike kiosks, only if they are
installed at gas stations, because she does not want any more street furniture on the narrow
sidewalks.
Commissioner Arriola wants to find an appropriate place to pilot the program. He said they are
about $1,000 dollars apiece.
Jimmy L. Morales, City Manager, will provide a list with proper location.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 104
5:45:52 p.m.
ADDENDUM MATERIAL 2
R9V Discussion Regarding Funding For Events In Fiscal Year 2016-2017.
(Tourism, Culture & Economic Development)
ACTION: Discussion held. Commissioner Malakoff moved to approve the events; except for the
Air & Sea Show, which will be voted on at the July 20, 2016 Presentation & Awards Commission
Meeting; seconded by Commissioner Rosen Gonzalez; Voice vote: 7-0. Lilia Cardillo to place on
the Presentation & Awards Commission Agenda. Max Sklar to handle.
DIRECTION:
Air & Sea Show operator, or representative, to bring a Letter of Guarantee in the amount of
$85,000 at the July 20, 2016 Presentation & Awards Meeting.
Jimmy L. Morales, City Manager, stated that for FY 16/17, there are a series of special events
that are either first time or only exclusive events, which have some level of City financial
participation. Surplus funds have been identified for this Fiscal Year, and they can allocate on a
one-time basis to cover the costs, but recommended a discussion for each event.
World Out Games
Max Sklar, Tourism, Culture & Economic Development, informed that the World Out Games
made a request, supported via the LGBT Committee, to support with additional funding of
$300,000, and also requested waiving the special rental fees associated with the use of Lummus
Park, Collins Theatre, the Convention Center, Miami Beach Golf Club, Normandy Golf Club and
the Fillmore. Additionally, they are requesting in-kind support from City departments, including
permitting, special rent, Building, Police, Fire, etc. He asked direction, but the Administration is
not recommending the in-kind support, as they do not do that with any other event. The funding is
in place for a one-time from resort tax surplus to support the cash contribution that they are
requesting, as well as the waiver of fees for the use of those venues, which is at the discretion of
the City Commission.
City Manager Morales recommended that the $300,000 that the LGBT Committee had
recommended be provided in portions as requested, with the first $100,000 to be granted as soon
as possible.
Mr. Sklar recommended the waiver of the rental fees. The in-kind support from different
departments, they are recommending against as it would set a precedent.
Commissioner Steinberg suggested moving forward with the City Manager’s recommendation
and the benchmarks recommended by the LGBT Committee for the World Out Games.
Major League Baseball All Star Game
Mr. Sklar added that the Major League Baseball All Star Game in July 2017, will host a Fun Fest
in the Convention Center and they expect an excess of 100,000 visitors over the days that is
open to the public. They requested support for $100,000.
Mayor Levine stated that the City is committed to the funds.
Air & Sea Show
Mr. Sklar announced that since the contract’s approval, they have worked internally to come up
with a budget to support the event, but they do not yet have a final budget. In the Agenda
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 105
Memorandum, they are estimating a $1.5 million additionally across all City departments. Based
on the way the agreement is written, the Air Show producer would be responsible for $850,000.
Jimmy L. Morales, City Manager, explained that this is a conservative number; the event is a day
event, and he asked departments to identify what additional resources they would incur; and have
come up with a very conservative number.
Vice-Mayor Grieco stated that the Air & Show producer pays for the first $200,000 and above
then the City shares 50%. He has discussed this “conservative” number with the Miami Beach
Police Department.
Mayor Levine stated that they are committing $650,000 for this event and the producers will come
up with $850,000, and the producers have agreed to come up with this figure.
Mr. Sklar, in response to Mayor Levine, explained that the agreement stipulates the $850,000,
along with a bond, which has not been provided.
Mayor Levine asked if the producer has agreed to that amount
Mr. Sklar added that the producer knows that the estimate is $850,000 and although they do not
believe the numbers should be that high, it is a conservative estimate, they would like to work
with a lower number and still provide the right level of support.
Commissioner Steinberg thinks the event is not going to be so conservative as far as the
estimate. She is not in favor of the magnitude of such event in the City. This event is going to be
Floatopia “in steroids.”
Commissioner Malakoff agrees that such an event with the amount of people coming to the City
for three days will cost more than $850,000.
Mayor Levine is concerned about the operator coming in front of the City Commission, sooner
rather than later, and bringing a guarantee of $850,000.
Discussion held regarding the financial burden, in addition to the traffic congestion, and crowd
control issues during this event,
Police Chief Oates stated that they would need a great deal of help with this particular event
during the day time; they will need extra resources and will have to reach out to neighbors and
colleagues.
Commissioner Rosen Gonzalez has never been in favor of the Air & Sea Show.
Mayor Levine stated that he voted in favor of the item, but he may change his mind, with the
amount of money that it will take.
Commissioner Alemán loves the event and thinks it will be great; but agreed that the event
partner needs to be prepared for staffing, as residents will be attending; it is a wonderful family
event and everyone will enjoy; however, they need to pay the proper fees.
Discussion held.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 106
Mayor Levine requested to hear from the operator, or one of his representatives, at the July 20,
2016 Presentation & Awards Commission Meeting, and to hear from him that will come up with
$850,000 guarantee bond; if the operator will not do that, he will vote and will recommend
cancelling the contract. Max Sklar to handle.
Vice-Mayor Grieco stated that the majority of this City Commission voted for this event; they
signed a contract and they should stand by their commitment. He stated that it is not a good
move to anticipatorily breach a contract; this is bad for the City. Unless a benchmark is not met in
the contract, they are not going to withdraw from the contract and subject the City to a significant
breach.
Commissioner Malakoff voted against it the event originally; she thought it was a mistake then
and still thinks it is a mistake now, mainly because traffic congestion is a huge problem in the
City, and to bring in at least 50,000 people to enjoy this Air & Sea Show, when roads and garages
are overflown as it is, is the reason she voted no. The request for the guarantee is to ensure the
commitment is on.
Commissioner Steinberg stated this is not a conservative estimate, but they have to support
these types of measures and make sure everyone is safe and taken care of.
Mayor Levine requested a Letter of Guarantee from the Air & Sea Show operator.
Discussion continued.
Commissioner Arriola stated that this event is an authorized event, and they are trying to do the
responsible thing to make it successful, but without crippling the City.
Vice-Mayor Grieco added that last summer the item was supported, and in June 2015, he brought
it as a discussion item; then in December they voted on it and since then it has been on the
Agenda, but the City is not showing commitment, and sends the wrong message. This is about
resort tax dollars. This has never been negatively voted on.
Mayor Levine voted for the item originally, but with the cost of security, they must make sure that
the provider will commit to these costs, and if he does not abide by the contract, he cannot
support this. The provider must come up with the proper funds and submit a Letter of Guarantee
by July 20, 2016. Max Sklar to handle.
Senior Tennis Tournament – North Beach
Max Sklar announced that this was endorsed and they are working in the final stages of the
agreement with CAA for the budget; the total contribution from the City is $100,000 and this has
been budgeted.
Mayor Levine asked what direction is needed.
City Manager Morales explained that they need authorizing using resort tax rollover to budget
from this FY16/17 to 2017 for $1.1 million for these events.
Discussion held.
Commissioner Malakoff suggested voting on the events, with the exception of the Air & Sea Show
event.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 107
Discussion continued.
Commissioner Malakoff moved to approve the events; except for the Air & Sea Show, which will
be voted on at the July 20, 2016 Presentation & Awards Commission Meeting; seconded by
Commissioner Rosen Gonzalez.
9:38:51 a.m.
R9W Discuss Chapter 142 Of The City Code, Regulations At Alcoholic Beverage Establishments
Located On Ocean Drive Between 5th And 15th Streets.
(Requested by Mayor Philip Levine)
ACTION: See note with Item R5S. Discussion held. Mayor Levine to bring item back for first
reading at the September 14, 2016 City Commission Meeting. Lilia Cardillo to place on the
Commission Agenda, if received. Thomas Mooney to handle.
Mayor Levine thanked everyone present at the City Commission meeting. He stated that this has
been the most pro-staff and labor City Commission in the history of the City, and perhaps the
State. He hopes other municipalities will follow Miami Beach’s lead and provide a fair minimum
living wage to their workers. He recalled how he began his business on Ocean Drive above the
News Café in the late 1980s, and how he lived in a one-bedroom apartment in the South of Fifth
neighborhood. The walk from his apartment to his office was very dangerous at the time, and he
would frequently walk along the beach, because it was a safer route. This was also the beginning
of the Miami Beach renaissance, and things began to change for the better. As a businessperson,
he appreciates the concerns of the entertainment establishments on Ocean Drive, but he will not
ignore the problems occurring in this area. He brought this item for discussion today, and will
bring it for first reading in September, because many Miami Beach residents are currently out of
town for the summer, and should be present when this legislation is discussed formally. There
may be many options on how to improve Ocean Drive, but he believes stopping the sale of liquor
at 2:00 a.m. is a start. He drew the examples of how Times Square in New York City and Coconut
Grove in Miami improved once similar ordinances were enacted. The Miami Beach brand is
bigger than Ocean Drive, and in fact, Ocean Drive has been damaging the image of Miami
Beach, because residents do not go there, and he believes very few hotel guests visit the area.
He asked for the economic impact statistics as to how much money the City generates from
revenue from resort and beverage taxes from 2:00 a.m. to 5:00 a.m.
Police Chief Oates stated that the new Entertainment District is the Fourth Police Command in
the City, and it goes from 5th to 15th Streets, and from the shoreline to Washington Avenue. This
area currently receives 25% of all calls for service in Area One, which is all of Miami Beach
bellow 23rd and Dade Boulevard. That area alone accounts for 31% of all major crime, 35% of all
robberies, and 35% of all aggravated assaults. The Department is doing very well in the
Entertainment District in regards to crime. There has been a 21% decrease in robberies in the
last 12 months, 17% decrease in larceny and 35% decrease in burglaries in the last two years.
During this year, Area One has had a 10% reduction in all crime, and 40% reduction in robberies.
Since he started with the City in June of 2014, they have added a new command stand, and
followed Major Causey’s suggestion of increasing presence and response in the Ocean Drive and
Lummus Park area, which included the creation of an Ocean Drive Squad that has one Sergeant
and seven Officers, and included ATVs that cover the beach. He elaborated on the Police
Department’s efforts in the Entertainment District, and named a few suggestions to improve
Ocean Drive, including having a second Ocean Drive Squad, adding three more Police Officers to
patrol Washington Avenue, and have more Homeless Resource Officers.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 108
City Manager Morales stated that the enhancements Police Chief Oates stated were approved at
the last City Commission meeting.
Max Sklar, Tourism, Culture and Economic Development Director, presented a PowerPoint
presentation. Gross sales for Ocean Drive, from 5th to 15th Streets, for a 12-month period total
$233,313,280. Resort tax collections totaled $5,676,844.
Click here to access PPT.
Mayor Levine stated that the estimated net resort and beverage tax loss would be just under
$400,000 a year. He asked Police Chief Oates whether in his estimation the Police Department’s
spending on resources between 2:00 a.m. and 5:00 a.m. in the Entertainment District would be
greater than $400,000 a year, and Police Chief Oates agreed. He reiterated that the proposed
Ordinance is a starting point, but the City Commission and Ocean Drive Establishment Owners
should be open to compromise and ideas to get them where they want to be.
Commissioner Rosen Gonzalez explained two experiences she had on Ocean Drive. The first
was a walk she took with Police Chief Oates, and there was a visible and substantial Police
presence in the area and she felt secure. The second time she went to Ocean Drive, she went
alone, and it was completely different. She found marijuana and alcohol containers throughout
the area, there was little to no Police presence, and she even felt frightened for her safety at one
point. She does agree with the current efforts of putting Park Rangers in Lummus Park, and
increasing the Police presence in the area, but stopping alcohol sales in local establishments at
2:00 a.m. is not the answer. Miami Beach is renowned throughout the world for its nightlife; we
should not damage that reputation. She did suggest restricting liquor stores for the biggest
change in Ocean Drive. She addressed the Mayor and stated she is unclear what his vision is for
the City.
Mayor Levine stated that many people in the audience are staffers of entertainment places on
Ocean Drive, and as such will be against the effort to stop alcohol sales at 2:00 a.m. He
suggested the City Commission should reach out to residents to get their feedback.
Vice-Mayor Grieco stated that not just the business and property owners will be affected by this
Ordinance, but also the employees, many of which are present in the audience and residents of
Miami Beach. Crime occurs throughout the Entertainment District, and the people being arrested
are neither Miami Beach residents nor patrons of the Ocean Drive establishments, they are
people who come from the mainland to victimize the City’s residents and guests. He encouraged
the City Commission to apply the recommendations made by the Ocean Drive Task Force, and to
support the addition of 12 Police Officers funded by resort tax dollars. He does not believe
stopping the sale of alcohol at 2:00 a.m. is the answer to Ocean Drive’s problems.
Commissioner Malakoff stated that change is needed on Ocean Drive. She explained that
perhaps requiring Conditional Use Permits (CUP) on Ocean Drive might cause the necessary
changes to control the noise coming from these establishments. We do not want to affect
negatively the tourism industry, but more pressure needs to be put on restricting outdoor drinking,
and liquor store sales. The problem is that many people do not go into the Ocean Drive
establishments, but bring their own liquor and drink excessively in Lummus Park. She also
agrees that the City Commission should consider the recommendations of the Ocean Drive Task
Force.
Commissioner Alemán stated that this discussion is about the entire Entertainment District. She
does not believe that anyone on the City Commission is satisfied about the current state of Ocean
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 109
Drive. The Ocean Drive Task Force provided 29 recommendations, yet none has been
implemented. She is pleased that the City Commission approved the additional Police Officers on
Ocean Drive, and later today they will discuss having Park Rangers in Lummus Park. There have
been other steps taken moving in the right direction, such as the License Plate Readers, and
video cameras to help catch people who may have criminal records. She asked the City
Commission what can be done to stop the “gauntlet” situation on Ocean Drive, created by the
massive umbrellas used by the various establishments.
City Manager Morales stated that if the City Commission wants to take action regarding the
umbrellas on Ocean Drive, the applications are renewed as of October 1.
Commissioner Arriola stated that the overwhelming consensus from Miami Beach residents is to
stop selling alcohol at 2:00 a.m., and the City Commission must represent the will of the
residents. There is a strong sentiment that something has gone wrong with Ocean Drive, and
something has to be done, much as how New York City had trouble with Times Square in the
1980s, and changed that area completely around. He offered a suggestion to do a straw poll of
Miami Beach voters and see what their opinion is on this matter.
Commissioner Steinberg stated that the City needs to get to the root of the problem, and see
what is going on with Ocean Drive. She recognized Mitch Novick who has consistently stated the
main issue on Ocean Drive is the noise, and perhaps the City should make this a priority to go
after vehicular noise infractions.
Discussion held regarding noise ordinances.
Commissioner Rosen Gonzalez suggested having a CUP on all Ocean Drive establishments that
serve alcohol requiring them to hire off-duty Police Officers, and if Miami Beach officers cannot
offer their services, these establishments can recruit officers across the County.
Police Officer Rigoberto Olivera, speaking for FOP President Bobby Jenkins, stated that
regarding Commissioner Rosen Gonzalez’s experience going to Ocean Drive and seeing people
smoking marijuana and drinking in the streets, he suggested her to call the Police D epartment
because they will respond. He also expressed his opposition to bringing officers from other
jurisdictions into the City.
Police Chief Oates addressed the off-duty issue per Mayor Levine’s request. He stated that it is a
challenge to date to get off-duty Police Officers. He opposes bringing off-duty officers from other
jurisdictions, because there will be problems in regards to performance and accountability. He will
continue to work on getting a good off-duty officer program.
Discussion held.
Commissioner Malakoff asked for environmental improvements to the area, and suggested
additional lighting for Ocean Drive and Lummus Park.
Commissioner Alemán is in agreement with Commissioner Malakoff regarding lighting. She
added that crimes are committed throughout the City, so they need to look at all districts as a
whole. Regarding vehicular noise enforcement, she has stated in other City Commission
meetings that she would prefer the Police Department focus on preventing and stopping crimes,
than going after people who are blaring music in their cars. The City Commission should look at
the 29 recommendations made by the Ocean Drive Task Force, and implement the ones they
consider the most impactful.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 110
Commissioner Arriola stated that Ocean Drive has been steadily declining; they must take some
action.
Commissioner Steinberg stated that they should task the Blue Ribbon Panel to come back to the
City Commission with further vetting and ideas on how to solve crime in the area.
Mayor Levine thanked everyone for their feedback, and believes they had a very positive
dialogue on this matter. The message is clear that there is a big problem on Ocean Drive. It takes
great political will to push for change, and he believes his colleagues are speaking from the heart
and want solutions to the problem. He is looking forward to hearing from the Miami Beach
residents in September. He addressed the Ocean Drive establishments and believes they are
overestimating themselves. Miami Beach is more than Ocean Drive, and in fact, at this moment,
Ocean Drive is negatively affecting the Miami Beach brand. He believes this City Commission
needs to ask itself whether it wants to continue having drugs, prostitution, crime and drunkenness
to persist in the Entertainment District, or do they want to change course, and be more inviting to
families and better businesses such as tech companies. There may be many solutions to improve
Ocean Drive, and he is open to ideas and willing to compromise when necessary. Regarding the
umbrella gauntlet problem, he recommended cutting back on the amount of seating allowed on
Ocean Drive. City Manager’s Office to handle. Additionally, he supports Commissioner Arriola’s
idea of having a straw ballot asking the residents of Miami Beach whether they would like the sale
of alcohol to stop at 2:00 a.m. and will propose this on the July 20, 2016 Presentations & Awards
City Commission Meeting. Office of the City Attorney to handle.
Commissioner Alemán stated that the City Commission needs to look into the Ocean Drive Task
Force recommendations, and inform the public of the improvements the City is taking on Ocean
Drive such as the addition of Park Rangers in Lummus Park, and the increase of Police presence
on Ocean Drive.
Discussion held.
Commissioner Arriola motioned to reduce the number and size of umbrellas on Ocean Drive.
Motion was not seconded.
Thomas Mooney, Planning Department Director, explained that the Ocean Drive Task Force
recommendation is to remove the gauntlet. This can be brought in September, before the October
renewal.
Discussion continued.
City Manager Morales stated that they can revisit the Master Plan, and if the direction is to
remove the gauntlet, they can bring this issue back to the City Commission.
Discussion continued.
Vice-Mayor Grieco stated that the Ocean Drive Task Force recommendation was to expand the
sidewalk, without reducing the sidewalk café square footage, and eliminate the umbrella gauntlet
at the lowest cost possible.
Mayor Levine stated that they want to reduce the gauntlet as soon as possible.
City Manager Morales explained that they can come back in September and not issue any more
permits until this is resolved, per Mayor Levine’s request.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 111
Commissioner Malakoff wants to ensure that the umbrella sizes are large enough to protect the
patrons from the rain and sun.
Commissioner Rosen Gonzalez stated that she is in support of reducing the amount of seats, but
wants to keep the umbrellas.
Commissioner Arriola stated they must make a decision about the gauntlets, which invite crime
and bad behavior.
Discussion continued.
Commissioner Alemán stated that the Task Force had recommendations and Mr. Mooney has the
guidelines.
Mayor Levine thanked everyone, and assured everyone present that aggressive action will take
place to resolve the Ocean Drive problem.
Handouts and Reference Materials:
1. Email from West Avenue Neighborhood Association (WAvNA), dated July 12, 2016
wavna305=gmail.com@mail219.atl1y1.mcdlv.net, RE: New Laws To Protect Our Neighborhood.
2. Email from AsianF@aol.com dated July 12, 2016 RE: URGENT MESSAGE from Laurence Feingold,
P.A., Retired Miami Beach City Attorney.
R10 - City Attorney Reports
R10A City Attorney’s Status Report.
(Office of the City Attorney)
ACTION: Report given.
12:33:36 p.m.
R10B Notice Of Closed Executive Session
Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During
Recess Of The City Commission Meeting On Wednesday, July 13, 2016, In The City Manager’s
Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To Collective
Bargaining.
ACTION: Announced and held.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 112
12:33:36 p.m.
1:35:35 p.m.
R10C Closed Attorney-Client Session.
Pursuant to §286.011, Florida Statutes, the City Attorney hereby advises the Mayor and City
Commission that he desires advice concerning the following pending litigation matter:
City of Miami Beach v. Hargreaves & Associates, et al. Case No. 10-61979 CA 03 Circuit Court,
11th Judicial Circuit
Therefore, a private closed Attorney-Client Session will be held during the lunch recess of the
City Commission meeting on July 13, 2016, in the City Manager’s Large Conference Room,
Fourth Floor, City Hall to discuss settlement negotiations and/or strategy related to litigation
expenditures with regard to the above-referenced litigation matter.
The following individuals will be in attendance: Mayor Philip Levine; Members of the City
Commission; Micky Steinberg, Joy Malakoff, Michael Grieco, Ricky Arriola, Kristen Rosen
Gonzalez, and John Elizabeth Alemán; City Manager Jimmy L. Morales, City Attorney Raul J.
Aguila, First Assistant City Attorney Steven Rothstein, Meredyth Cooper, Esquire and Carlos de
Zayas, Esquire.
ACTION: Closed Attorney-Client Session announced and held. Resolution 2016-29524 adopted
Motion made by Commissioner Alemán to approve the recommendation of the Mayor and City
Commissioners from the Closed Attorney Client Session held on July 13, 2016 regarding
settlement of the case City of Miami Beach v. Hargreaves & Associates, et al.; Seconded by
Commissioner Arriola. Voice-vote: 7-0.
City Attorney Raul J. Aguila read into the record that the City Commission meeting having been
reopened, the Attorney Client Session held on July 13, 2016 at the start of the lunch recess has
been terminated. City Attorney Aguila asked for a motion to approve the recommendation of the
Mayor and City Commissioners from the Closed Attorney Client Session held on July 13, 2016
regarding settlement of the case City of Miami Beach v. Hargreaves & Associates, et al. Case No.
10-61979 CA 03 Circuit Court, 11th Judicial Circuit.
Title of Resolution 2016-29524 (After the fact Resolution, prepared by the Office of the City
Attorney):
A Resolution Approving And Adopting The Mediation Settlement Between The City Of Miami
Beach And Hargreaves Associates, Incorporated, And Authorizing The City Manager And City
Attorney To Take The Necessary And Appropriate Steps For Implementation Thereof; And
Further Authorizing The Mayor And City Clerk To Execute Any Documents And/Or Agreements
As Required To Effectuate The Terms Of The Settlement.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 113
12:32:22 p.m.
8:27:30 p.m.
R10D Notice Of Closed Executive Session
Pursuant To Section 255.065, Florida Statutes, A Closed Executive Session Will Be Held During
Recess Of The City Commission Meeting On Wednesday, July 13, 2016, In The City Manager’s
Large Conference Room, Fourth Floor, City Hall, For A Discussion Regarding An Unsolicited
Proposal From Collins Park Partners, LLC, For The Collins Park Arts Garage Project, And
Requesting City Commission Authorization To Either Accept The Unsolicited Proposal And
Proceed With The Solicitation Of Alternative Proposals In Accordance With Florida Statute
255.065; Or Reject The Unsolicited Proposal And Proceed With A Competitive Solicitation For
The Collins Park Mixed-Use Garage Facility Project In Accordance With Any Direction That May
Be Provided By The Mayor And City Commission.
ACTION: Executive Session announced and held. Motion made by Commissioner Rosen
Gonzalez to reject the bid; seconded by Commissioner Steinberg. Voice-vote: 5-2. Opposed:
Vice-Mayor Grieco and Commissioner Malakoff.
Jimmy L. Morales, City Manager, suggested having a public hearing, and stated the debate and
presentation from staff could be deferred.
Mayor Levine stated that this item is about having either and exclusive P3 or a bidding process.
City Manager Morales stated that the City has selected a competitive process of a design/builder
that could go out for contract.
Discussion held.
Mayor Levine stated that he is not in favor of an exclusive deal.
Alexander Heckler stated that there was an unsolicited proposal submitted, and they would like to
start the process. If the City Commission wants to start a new procurement process, he
suggested, if the City wants all of the uses, such as dormitories for ballet and arts atmosphere,
retail uses and others, the City could do a P3 RFP and not use the $27 million allocated for the
garage, and use it for another garage.
Mayor Levine stated that the City Commission should reject this bid.
Discussion held.
Motion made by Commissioner Rosen Gonzalez to reject the bid; seconded by Commissioner
Steinberg. Voice-vote: 5-2. Opposed: Vice-Mayor Grieco and Commissioner Malakoff.
City Clerk’s Note: Due to time constraints, the item was heard at 12:32:22 p.m., as part of the
Commission Meeting, and not as a Closed Executive Session.
After Action July 13, 2016 Commission Meeting City of Miami Beach
F:\CLER\CITYCLER\AFTERACT\2016\07132016 CM\After Action July 13, 2016.Docx Page 114
Reports and Informational Items
1. Reports and Informational Items (see LTC 295-2016)
2. List of Projects Covered by the Cone of Silence Ordinance – LTC No. 287-2016.
(Procurement)
3. Report From Commission Committees Of Withdrawn Items Not Heard Within (6) Six Months
From Their Referral Date.
(Office of the City Clerk)
4. Miami Beach Convention Center Project Update (LTC No. 277-2016).
(Office of the City Manager)
End of Regular Agenda
Meeting adjourned at 8:33:16 p.m.