20150127 SCM SM11915.2015
MIAMIBEACH
Special Gity Commission Meeting
SUPPLEMENTAL MATERIAL 1
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
January 27,2015
Mayor Philip Levine
Vice-Mayor Joy Malakoff
Commissioner Michael Grieco
Commissioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visrf us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Ghapter 2, Article Vll, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires
the registration of all lobbyists with the Gity 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 Gity Code sections on lobbyists laws are available in the
Office of the City Cterk. Questions regarding the provisions of the Code should be directed to
the Office of the City Attorney.
SUPPLEMENTAL AGENDA
R2 - Gompetitive Bid Reports
R2A Request For Approval To lssue Request For Proposals (RFP) No. 2015-103-ME, For The
Development Of A Convention Headquarter Hotel Adjacent To The Miami Beach Convention
Center.
(Office of the City Manager)
(Memorandum from the Mayor)
1
r,:..-.,s
I--
1915.2015
TO:
FROM:
DATE:
SUB.JECT:
Development of Convention Hotel Adjacent to the Miami Beach Convention Center
Please include this memorandum as supplemental material to Agenda ltem No. R2A, scheduled
to be heard at the City Commission's January 27,2015 Special Commission Meeting.
The City Commission has adopted various Resolutions over the years in opposition to gambling
in Florida. Attached as Exhibit "A" are several prior Resolutions expressing the City's long-
standing anti-gambling policy.
It is my position that the Development and Ground Lease Agreement for a convention hotel
adjacent to the Miami Beach Convention Center must contain provisions ensuring that there is
no association in any way with gambling in Miami-Dade County.
Accordingly, I would like for the following language to be included in the RFP as part of the
minimum requirements of the Hotel Project:
As of the date of execution of the Lease and thereafter throughout the term
of the Lease, Developer and any individuals or entities with any ownership
interest in the Hotel shal! not directly or indirectly own, operate or manage
any establishment offering or othenrvise engaged in gambling or wagering of
any kind in Miami-Dade County. This restriction shall also apply to any of
Developer's successors, assigns or transferees. Any purported transfer that
violates this provision shall be null and void and of no force and effect.
The failure to comply with the foregoing restriction on ownership of
gambling interests in Miami-Dade County and/or the use restriction
prohibiting gambling of any kind on the Leased Property shall constitute a
material breach of the Lease, entitling the Gity to triple the Base Rent being
paid at that time and, if such breach is not cured within a reasonable time,
immediate termination of the Lease.
Agendd ltem RZ A
MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive. Miomi Beoch, Florido 33139, www.miomibeochfl.gov
MEMORANDUM
Jimmy Morales, City
Philip Levine, Ma
January 26,2015
Agenda ltem No - Request for Authority to lssue RFP 2015-103-ME for
Date l-2-7-152
The restriction on ownership of gambling interests in Miami-Dade County
and the use restriction prohibiting gambling on the Leased Property are
fundamental provisions of the Lease. The foregoing restrictions may not be
modified except by a 617 vote of the City Commission and approval of such
modifications by at least sixty percent (60%) of the voters voting thereon in a
City-wide referendum, in the same manner as required for approva! of the
initial Lease pursuant to Section 1.03(bX3) of the City Charter.
Additionally, the City Attorney's Office should be directed to develop any and all appropriate
language to include the foregoing restriction in the Lease, and any other instrument that may be
required to implement the restriction, such as a covenant running with the land, etc.
I believe the above language should be included in the RFP in the interest of full disclosure, so
that all prospective proposers are aware of the City's position and requirements with respect to
this important policy concern for our City and County.
Attachment: Exhibit "A," Prior Resolutions
3
Exhibit "A"
t-
I
RESOLUTTON NO.r 2A14-ZBS29
L___._
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY 'OF NilHTrllI BEACH, FLORIDA, STRbNGLY
REAFFIRTT{ING RESOLUTION NO. 2011.27812 TIVHICH URGED
THE FLORIDA LEGISLATURE TO REJECT ANY AND'ALL
EXPANSTONS OF GAMBLTNG lN FLORIDA, INCLUDING
LEGISLATION THAT ITTIOULD LEGALIZE "DESTINATION
GAS|NOS."
WHEREAS, the Florida Legislature is currently considering various measures that would
substantially expand gambling in the State of Florida; and
WHEREAS, on December 14,2011, the Mayor and City Commission passed and
adopted Resolution No.2011-27812 which urged the Florida Legislature to reject any and all
expansions of gambling, including legislation to legatize 'destination ca$inos," in the State of
Florida: and
WHEREAS, the Maybr and City Comrnission of the City of Miami Beach sbongly reafiirm
the position expressed in' fresolution No. 2}fi-27812; which is attached hereto dnd
incorporated hereiri by reference, and wish to maintain Resolution No. 2011-27812 in full force
and effect.
Nolilr, THEREFORE, BE lT DULY RESOLVED BY THE MAYOR AND THE CITY
COilIMISSION OF THE CffY OF Mnml BEACH, FLORIDA, that, by a unanimous 7{ vote, the
Mayor and City Commission hereby strongly reafiirm Resolution No. 2011-27812 which urged
lhe Florida Legislature to reject any and all expansions of gambling in Florida, including
legislation that would legalize "destination casinos.'
PASSED AND AD0PTED this fft, day of March, 2O't4.
ATTEST:
Ralph Granado,APPROVED AS TO
FOBM & I.ANGUAGE
& FOR EXECUTION
F:\ATTO\WRN\RESOS\CagIno Gamblhg March 20l4.docx
4
RESOLUTION NO. 2}ll-27812
A RESOLUTION OF THE MAYOR AND clW COi'JllUlSSlON OF
THE CITY OF IUIIAMI BEACH, FLORIOA, URGING THE
FLORIDA LEGISLATURE TO REJECT ANY AND ALL
EXPANSIONS OF GAiJIBLING, TNCLUDING LEGISLATION TO
LEGALIZE "DESTINATION CASINOS" IN FLORIDA.
WHEREAS, the Ftoilda Legislature is cunentty considering various measures that would
substantially expand gambling in the $tate, and
WHEREAS, the legistation being considered would allow for casino operations that rival
in size and scope the gambling operations existing in Las Vegas and Atlantic City; and
WHEREAS, notwithstanding the assurances of gambling promoters, historically, large
scale casino operations cannibalizi non-gambling businesses and have caused, for instance,
the shuttering it torty.percent of all restaurants and one-third of all retail businesses in Atlantic
City; and
WHEREAS, our communig will bear the severe and painful economic and social costs
that atuvays accompany expansive gambling, including the misery of individuals and families
louched 6y problem gimbling a$ they are at higher risk of divorce, bankruptcy, child abuse,
domestic violence, crime, and suicide, and
WHEREAS, expanded gambling promotes comrption of the governmental process as
immensely wealthy gamOting companies from all over the world seek to receive benefits from
state govemmental entities that regulate their existence and profits, and
WHEREAS, if gambling interests are allowed to obtain major casino expansion, full
scate casino and gamLling oplrations will became commonplace throughout our community
and our State, and
WHEREAS, inward facing mega-developments will privatize publrc streetE, destroy the
pedestrian experience of downtown neighborhoods, exacerbate traffic, and denigrate the quality
of life in our community; and
WHEREAS, the false promises of increased revenue and jobs, like the broken promises
that accompanied the lottery an$ other gambling expansions, are intended to convince
Floridians to make a fool's gamble with their future, and
WHEREAS, based upon the foregoing concerns, the Mayor and City Commission of the
City of Miami Beach, Florida, hereby urge the Florida Legislature to rejec{ any and all
expansions of gambling in the State of Florida, including any legislation which would legalize so
called "destination casinos
.,
5
Nolry, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
colrmtsstoN oF THE CtTy OF MIAMI BEACH, FLOBIDA, that the Florida Legislature is
hareby urged to reject any and all expansions of gambling, including legislation to legalize so
called'destination casinoso in Florida.
PASSED AND AOOPTEO this (A day of December, 2011
ATTEST:
ffi
&r^,#-r
F'\ATTOITURinRESOSlCasino Gambling.docr
6
RESOLUTION NO.201 1-27812
A RESOLUTION OF THE MAYOR AND CIW COMIilISSION OF
THE CITY OF MIAMI tsEAGH, FLORIDA., URGING THE
FLORIDA LEGISLATURE TO REJECT ANY AND ALL
EXPANSIONS OF GAilBLING, INCLUDING LEGISLATION TO
LEGALIZE "DESTINATION CASINOS" IN FLORIDA.
WHEREAS, the Florida Legislature is currently considering various measures that would
substantially expand gambling in the State, and
WHEREAS, the legislation being considered would allow for casino operalions that rival
in size and scope the gambling operations existing in Las Vegas and Atlantic City; and
WHEREAS, notwithstanding the assurances of gambling promoters, historically, large
scale casino operations cannibalize non-gambling businesses and have caused, for instance,
the shuttering it forty percent of all restaurants and one-third of all retail businesses in Atlantic
City; and
WHEREA$, our community will bear the severe and painful economic and social costs
that atways accompany expansive gambling, including the misery of individuals and families
touched 6y problem gimbling as they are at higher risk of divorce, bankruptcy, child abuse,
domestic violence, crime, and suicide, and
WHEREAS, expanded gambling promotes comrption of the governmental process as
immensely wealthy gambling companies from all over the world seek to receive benefits from
state governmental entities that regulate their existence and profiis, and
WHEREAS, if gambling interests are allowed to obtain major casino expansion, full
scale casino and gamUling opLrations will became commonplace throughout our community
and our State, and
WHEREAS, inward facing mega-developments wilt privatize pubtc streels, destroy the
pedestrian experience of downtown neighborhoods, exacerbate traffic, and denigrate the quality
of tife in our community, and
WHEREAS, the false promises of increased revenue and jobs, like the broken promises
that accompanied the lottery and other gambling expansions, are intended to convince
Floridians to make a fool's gamble with their future, and
WHEREAS, based upon the foregoing concerns, the Mayor and City Commission of the
City of Miami Beach, Florida, hereby urge the Florida Legislature to reject any and all
expansions of gambling in the State of Florida, including any legislalipn which would legalize so
called "destination casinos j
7
NOVI', THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
coMtuilssloN oF THE CITY OF MIAMI BEACH, FLORIDA, that the Florida Legislature is
hereby urged to reject any and all expansions of gambling, including legislation to legalize so
called'destination casinos' in Florida.
PASSED AND ADOPTED this /ff4 day of December, 2011
ATTEST:
IE*rr.a'' iC)
* i,nrIonploililu ,t
furY-,#
APPROVEO TS TO
F'\ATTO\TURN\RESOS\Casino Gambling.docx
8
g MIAMIBTACH
oFFlcE oF THE uivon AND coMMtsstoN MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FRoM: MattiHerrera Bower, Mayor P &- rt\lif
DATE: December5,2011
SUBJECT: R9 ltem: Discussion Regarding a Resolution Opposing the Expansion
of Gambling in the State of Florida
Please place on the Dec 14,2011 Commission meeting agenda a discussion
regarding a resolution opposing the expansion of gambling, including "destination
resorts", in the State of Florlda. The resolution is attached.
I thank you in advance for your cooperation in this matter. lf you have any
questions, please do not hesitate to contact Rebecca Wakefield at extension 6157.
Thank you.
MHB/rw
V.leqe*nnilrloFatflgercefentpuSilcrenlceonds:f+tyoollr+lrofre, wc*\adphynw *i
agenOa ltgm Bq f4
Date_ l?-ltl-ll
9
RESOLUTIQ!{ HO.2S08-26927
A RE8OLUTION OF THE iIAYOR AIdD CITY CCII[TfriI$SION OF
THE CITY OF M|AMI BEACH, FLORIDA, SUPPORTNG TI'IE
RIGHT OF THE CffY TO DECIDE AND TO EXERCISE LOCAL
COHTROL WITH REGARO TO CASINO GAililBLING W]THIN TT5
JURISDICTIOil,
YyHEREAS, in response to nelirs arlictes raporting that a committee. financed by
lacal develop€rs, was investQating the pos*ibility of a proposed amendment to Sre
Flnrida Constitution to allow for Cliss lll gambling at various sites within Miami-Dade
County, including in the Clty o{ Miami Beach, the Mayor and GiS Commission adopted
Resotution Ho. fOOA-26925 on October 8, 2008, opposing casino gambling in the City;
and
WHEREAS, the Mayor and City Commission of the City af Miami Beach support
the right of the iity to decide and lo exercis€ local control with regard to casino
gambling within its iurisdiction.
HOW THEREFORE, BE 1T DULY RESOLVED BY THE T{AYOR ANO CITY
coHlitssloH oF THE ClTy OF mtAi,Il BEACH, FLORIDA, that, in ddition to
opposing casino gambling in fre City of Mlami Beach, the Mayor and. City Comrnission
silbpo* ttre right 6f me City to decide and to exsrcise local control with regard to casino
gambling in tl'p City of Miami Beach.
PASSED and ADOPTED this
ATTEST:
7rh day of Octcrber 2008.
iPTN(yUEDAS TO
roRf{te IAhBLABE
tFOrtryrcUTIOH//
Mayor
Robefi Parcher
F:iiEo\TURN\RESOS\C&ino GsJltbllng and $rppctrnE Rigil ol Loc.l Gov to Choss€.dqq
10
?
TO:
FROful:
DATE;
SUUECT:
E MIAMI BEACH
OFFICF OT lHE MAYOR AND CO,\4,\,,1:S5iQT.I
Jorge M. Gonzalez, CitY Manager
Jonah Wolfton, Cornmissiongr
ffiober 2.2008
Aganda ltem
plaase ptace ffi the oclober 7, 2008 commigsion meeting aganda a discusslon ltern regarding
til;;rtbitity of r"sino dn Oring in the City of Miami Baach, as highlighted in a series of recent
MiamiHsrald ertidEs.
tf you hava any questions, please eOntac{ John Heseman at extenalon 6457'
JWjrr
MEA4ORANDUM
Agenda Item {ZfG
11
RESOLUT:ON i'to.2008-?;692i
A RESOLUTION OF THE IT AYOR AHD CITY COf'ilHlSBlON OF
THE CITY OF iIIAIIIII BEACH, FLORIDA, OPPOSING ANY
INITIATIVE T€ A!,IEND FLORIDA'S CONSTITUTION TO ALLOW
CASINO GAII{BLING IN ilIIAM! BEACH.
WHEREAS, local news articles have reported that * committee, finand by local
developers, is investigating the possibility of writing an initiative for a proposed casino
amendrnent to the Florida Constitution to allow for Class lll gambling at various sites
within Miami€ade, including in the Ch of Miami Beach; and
I/!IHEREA$, the Mayor and City Commission are opposed to casino gamb,ling in
the Ci$ of Miami Beach and oppose any efforts to bring casino garnbling to the City of
MiamiBeach; and
WHEREAS, in view sf the ooncem of the Mayor and City Commiesion with
regard to the prcspac"t of casino gambling in Miami-Dade County, the Ci$ Manager and
Ci$ Attorney's Cflice are hereby directed to investigate and research any and all
methods to oppose and preveni casino gambling in the City of Miami Beach.
NOUY THEREFORE, BE IT DULY RE$OLVEO BY THE MAYOR ANO CITY
COllrtHlSSlON OF THE CITY OF MlAltll BEACH, FLORIDA, that the Mayor and City
Commission oppose casino gambling in lhe Cig of Miami Beach and the City Manager
and City Attnrney are hereby directed to research and investigate any and all methods
to oppose casino gambling in the City of Miami Beach.
PA$$ED and ADOPTED this
ATTEST:
dsy oJ 0etobet 2008.
APrcYESA$TO
FOfi}l,I E LENGUAGEt
7th
fi**"1' *"u**-
Robert Parcher
City Clerk
*lv bylmr
Mayor
F: latlo{TU RMRE$OS\Casi no ifl South Floride.doc
12
g AAIAIIAIBEACH
OtrTtCT OT Htr MAYOR AND COMMISSION
TO:
F{.Oltrt:
DAIE:
SUBJECT:
plaasa place on the October 7, 2008 Cornmission meeting agenda a discussion iterfi ragading
*re posiiSititycf casinogambling intheCityof MiamiBeadr, ashighlighted in a seriesof re*nt
Miaml Herald articles.
lf you have any questions, please mntast John Hafrernan at extensian 5457.
JVr//jh
rrem fZ fO
MTMORANDUM
Jorge M. Gonzalez, City Managar
lJonah Wolfson, Commissioner fl^"
Oclober 2, 2008 a-r( 'Agenda ltem
Agenda
Date_to.?-a{.
13