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20161109 AAAfter Action November 9, 2016 Commission Meeting City of Miami Beach Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive November 9, 2016 - 8:30 AM 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 and 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 Office of 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 Ordinance 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 -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. In addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. AFTER ACTION Meeting called to order at 8:31:05 a.m. 9:03:01 a.m. Vice-Mayor Malakoff requested a moment of silence in memory of former Deputy Chief N. Mark Overton. Vice-Mayor Malakoff stated that the invocation today would be given by an individual who has done so much to help the City during Early Voting and during Elections in general, and introduced Rafael E. Granado, City Clerk. Inspirational Message given by City Clerk Rafael E. Granado. Page 1 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Pledge of Allegiance led by Jimmy L. Morales, City Manager. ADDENDUM MATERIAL 1: C4 E, C4 F, C4 G, C4 H, C4 I, C7 O, R9 Y, R9 Z, R9 AA and R9 AB ADDENDUM MATERIAL 2: R9 AC, R9 AD and R9 AE ADDENDUM MATERIAL 3: C4 J, C4 K, C4 L, C4 M, C4 N, C4 O, C6 D, R7 R and R9 AF SUPPLEMENTAL MATERIAL 1: C7 I Resolution & Agreement C7 M Updated Memorandum & Resolution R5 N Ordinance R9 D Additional Information R9 W Updated Memorandum SUPPLEMENTAL MATERIAL 2: R7 E Memorandum, Resolution & Agreement R7 Q Resolution SUPPLEMENTAL MATERIAL 3: R9 Q Revised Memorandum & Attachment 9:05:02 a.m. City Clerk’s Note: Pursuant to Ordinance 2015-3954, Sec. 2-12(3), addendum agenda items C4 E, C4 F, C4 G, C4 H, C4 I, C4 J, C4 K, C4 L, C4 M, C4 N, C4 O, C6 D, C7 O, R7 R, R9 Y, R9 Z, R9 AA, R9 AB, R9 AC, R9 AD, R9 AE and R9 AF, 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. 9:00:38 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: C7 I Change the not to exceed amount in the title from $1,400,000 to $1,700,000. DEFERRAL TO NOVEMBER 18, 2016: R9 H Page 2 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach DEFERRALS TO DECEMBER 14, 2016: R7 F, R7 O, and R9 M ITEM OPENED AND CONTINUED TO DECEMBER 14, 2016 R5 G ITEMS WITHDRAWN: R9 E and R9 R ITEMS SEPARATED: Item C7 O separated by Vice-Mayor Malakoff Items C4 C, C4 N and C4 M separated by Commissioner Ricky Arriola Item C7 O separated by Commissioner Michael Grieco Items C7 I and C4 C separated by Commissioner Kristen Rosen Gonzalez Recess for lunch at approximately 12:00 p.m. CONSENT AGENDA 9:07:14 a.m. Motion made by Commissioner Alemán; seconded by Commissioner Arriola to approve the Consent Agenda, except for separated items. Voice-vote: 6-0. Absent: Mayor Levine. C2 - Competitive Bid Reports C2 A REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ) NO. 2017-037-KB FOR ROOFING CONSULTANT SERVICES. Property Management / Procurement ACTION: Request approved. Adrian Morales and Alex Denis to handle. C4 - Commission Committee Assignments C4 A REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO DISCUSS THE PLACEMENT OF FARAH SERVICE EUE SPORTS EQUIPMENT AT DIFFERENT LOCATIONS THROUGHOUT THE CITY. Commissioner Ricky Arriola ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. John Rebar to handle. Page 3 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach C4 B DUAL REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE AND THE PLANNING BOARD TO ANALYZE AND PROVIDE THE CITY COMMISSION A RECOMMENDATION RELATING TO MODIFICATION OF THE LAND USE REGULATIONS RELATING TO LINCOLN ROAD. Office of the City Attorney/Planning Commissioner Michael Grieco ACTION: Item referred. Thomas Mooney to place on the Committee and Board Agendas. Office of the City Attorney and Thomas Mooney to handle. 9:07:24 a.m. C4 C REFERRAL TO THE PLANNING BOARD - PROPOSED ORDINANCE AMENDMENT PERTAINING TO THE DISCONTINUANCE OF NONCONFORMING USES. Planning Commissioner Michael Grieco ACTION: Item referred as amended. Item separated by Commissioners Arriola and Rosen Gonzalez. Motion made by Commissioner Alemán; seconded by Commissioner Rosen Gonzalez; Voice vote: 6-0. Absent: Mayor Levine. Thomas Mooney to place on the Board Agenda and to handle. AMENDMENT: Amendment to Sec. 118-394(2) 548 consecutive days would be changed to 366 days. Commissioner Arriola suggested reducing the timeframe on this item from 18 to 12 months. Commissioner Rosen Gonzalez asked why the City would extend the six months provided to failed businesses, instead of requiring them to conform to the current City Code. Most residents in the area do not want the non-conforming use. Commissioner Grieco explained that this item was fully vetted at the Land Use & Development Committee, and the 18-month figure was unanimously agreed to, because of issues relating to getting tenants and permits. It sends a message to businesses and property owners that the City appreciates their investment, and will allow them time for any necessary transition. Commissioner Grieco asked his colleagues to support the item. Commissioner Rosen Gonzalez expressed her disapproval of the proposed 18 months, but she would vote in favor of 12 months. There are many cases in which these establishments are nightclubs, and she does not want the South of Fifth neighborhood to accommodate nightclubs. Commissioner Alemán stated that they need to recognize good businesses. The Standard Hotel on Belle Isle is a non-conforming use. It is important to provide stability. She asked her colleagues to move forward with the amendment changing it to 12 months. Motion made by Commissioner Alemán to approve the item with the 12-month amendment; seconded by Commissioner Rosen Gonzalez. Voice-vote: 6-0. Absent: Mayor Levine. Raul J. Aguila, City Attorney, explained the amendment to Sec. 118-394(2) instead of 548 consecutive days, it would be amended to 366 days. Page 4 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach C4 D REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE ADDITIONAL DESIGNATED DOG AREA IN NORTH BEACH. Commissioner Micky Steinberg ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. John Rebar and Eric Carpenter to handle. ADDENDUM MATERIAL 1 C4 E REFERRAL TO LAND USE & DEVELOPMENT COMMITTEE OF A DISCUSSION TO REZONE THE WESTERN SIDE OF THE 600 BLOCK OF WASHINGTON AVENUE FROM RM-2 TO CD-2. Commissioner Michael Grieco Addendum added on 11/4/2016 ACTION: Item referred. Thomas Mooney to place on the Committee Agenda and to handle. ADDENDUM MATERIAL 1 C4 F REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE - DISCUSSION ON THE POTENTIAL EXPANSION OF THE BIG BELLY TRASH CAN PROGRAM. Public Works Sustainability & Resiliency Committee (Original Sponsor: Commissioner Michael Grieco) Addendum added on 11/4/2016 ACTION: Item referred. Allison Williams to place on the Committee Agenda. Eric Carpenter to handle. ADDENDUM MATERIAL 1 C4 G REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE - DISCUSSION ON REQUIRING SUSTAINABILITY STANDARDS SIMILAR TO LEED FOR RETROFITS IN CITY-OWNED PROPERTIES. Environment and Sustainability Commissioner Kristen Rosen Gonzalez Addendum added on 11/4/2016 ACTION: Item referred. Elizabeth Wheaton to place on the Committee Agenda. Adrian Morales and Elizabeth Wheaton to handle. Page 5 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach ADDENDUM MATERI AL 1 C4 H REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE - DISCUSSION REGARDING IMPLEMENTING CIGARETTE BUTT RECEPTACLES IN HIGH PEDESTRIAN TRAFFIC AREAS. Environment and Sustainability Sustainability & Resiliency Committee (Original Sponsor: Commissioner Michael Grieco) Addendum added on 11/4/2016 ACTION: Item referred. Allison Williams to place on the Committee Agenda. Eric Carpenter to handle. ADDENDUM MATERIAL 1 C4 I REFERRAL TO THE NOVEMBER 18, 2016 FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING REGARDING THE CITY'S TWO-YEAR PILOT TUITION ASSISTANCE PROGRAM. Human Resources Addendum added on 11/4/2016 ACTION: Item referred. Allison Williams to place on the Committee Agenda. Michael Smith to handle. ADDENDUM MATERIAL 3: C4 J REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE REGARDING THE USE REGULATIONS FOR THE WEST AVENUE OVERLAY DISTRICT. Planning Vice-Mayor Joy Malakoff Addendum added on 11/8/2016 ACTION: Item referred. Thomas Mooney to place on the Committee Agenda and to handle. ADDENDUM MATERIAL 3: C4 K REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO REVIEW CITY CONSTRUCTION CONTRACTS TO HOLD CONTRACTORS MORE ACCOUNTABLE. Commissioner Ricky Arriola Addendum added on 11/8/2016 ACTION: Item referred. Allison Williams to place on the Committee Agenda. Alex Denis and David Martinez to handle. Page 6 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach ADDENDUM MATERIAL 3: C4 L REFERRAL TO THE NOVEMBER 18, 2016 NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE MEETING, TO DISCUSS AND CONSIDER THE REQUEST OF MAYOR PHILIP LEVINE TO CO-NAME CONVENTION CENTER DRIVE AS MUHAMMAD ALI WAY. Transportation Mayor Philip Levine Addendum added on 11/8/2016 ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. Jose Gonzalez to handle. 9:19:50 a.m. ADDENDUM MATERIAL 3: C4 M REFERRAL TO PLANNING BOARD TO DISCUSS PROHIBITING VARIANCES TO EXCEED THE MAXIMUM SIZE OF ACCESSORY RETAIL ON OCEAN DRIVE. Commissioner Ricky Arriola Addendum added on 11/8/2016 ACTION: Item separated by Commissioner Arriola. Item approved as amended; dually referred to the Land Use & Development Committee (LUDC) meeting of November 16, 2016 and the Planning Board meeting of December 20, 2016. Motion made by Commissioner Arriola; seconded by Commissioner Alemán. Voice vote: 5-1. Opposed: Commissioner Grieco. Absent: Mayor Levine. Thomas Mooney to place on the Committee Agenda and to handle. Michael Belush to place on the Planning Board Agenda; Thomas Mooney to handle. REFERRALS: 1. Land Use &Development Committee meeting of November 16, 2016; Thomas Mooney to place on the Committee Agenda and to handle. 2. Michael Belush to place on the Planning Board Agenda of December 20, 2016; Thomas Mooney to handle. Commissioner Arriola directed staff to draft language and present it to the Planning Board. Commissioner Grieco asked whether the item had already gone to the LUDC, because he has concerns of it being a direct referral without legislation. Unless there is some sort of stated emergency, he suggested the legislation follow the normal procedure of having it go through the LUDC first. Commissioner Arriola agreed to refer the item to LUDC, but would prefer a dual referral, because he believes referring it to the LUDC first would just delay progress. Discussion continued. Commissioner Grieco stated that his concern is not about delaying the process, but about getting the details down correctly. Having the item go to LUDC would allow for greater discussion. Commissioner Alemán agreed to the dual referral. Page 7 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Vice-Mayor Malakoff explained that there is time for the item to be vetted at LUDC and then go to the Planning Board. Motion made by Commissioner Arriola for C4 M and C4 N to be dually referred to the LUDC and Planning Board. Seconded by Commissioner Alemán; Opposed: Commissioner Grieco. Absent: Mayor Levine. 9:19:50 a.m. ADDENDUM MATERIAL 3: C4 N REFERRAL TO PLANNING BOARD TO DISCUSS PROHIBITING EXTERIOR SPEAKERS IN NON-EATING AND DRINKING ESTABLISHMENTS ON OCEAN DRIVE. Commissioner Ricky Arriola Addendum added on 11/8/2016 ACTION: Item separated by Commissioner Arriola. Item heard in conjunction with item C4 M. Item approved as amended; dually referred to the Land Use & Development Committee (LUDC) meeting of November 16, 2016 and the Planning Board meeting of December 20, 2016. Motion made by Commissioner Arriola; seconded by Commissioner Alemán. Voice vote: 5-1. Opposed: Commissioner Grieco. Absent: Mayor Levine. Thomas Mooney to place on the Committee Agenda and to handle. Michael Belush to place on the Board Agenda; Thomas Mooney to handle. REFERRALS: 1. Land Use &Development Committee meeting of November 16, 2016; Thomas Mooney to place on the Committee Agenda and to handle. 2. Michael Belush to place on the Planning Board Agenda of December 20, 2016; Thomas Mooney to handle. ADDENDUM MATERIAL 3: C4 O REFERRAL TO LAND USE AND DEVELOPMENT COMMITTEE TO DISCUSS SETTING MINIMUM LIGHTING REQUIREMENTS FOR OCEAN COURT. Commissioner Ricky Arriola Addendum added on 11/8/2016 ACTION: Item referred. Thomas Mooney to place on the Committee Agenda. Eric Carpenter to handle. Page 8 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach C6 - Commission Committee Reports C6 A REPORT OF THE OCTOBER 21, 2016 NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE MEETING: 1. DISCUSSION REGARDING THE POSSIBLE ADDITION OF A SKATE PARK IN NORTH SHORE OPEN SPACE PARK. 2. DISCUSSING REGARDING POTENTIALLY RENAMING NORTH SHORE OPEN SPACE PARK. 3. DISCUSSION REGARDING THE TEMPORARY RELOCATION OF MAURICE GIBB PLAYGROUND. 4. DISCUSSION REGARDING KAYAK LAUNCHES ON SEAWALLS. 5. DISCUSSION TO CONSIDER PARTNERING WITH NATIONAL NONPROFIT COMMON THREADS, TEACHING CHILDREN, FAMILIES, AND TEACHERS TO COOK FOR A HEALTHIER LIFE. 6. DISCUSSION ON THE STATUS AND POSSIBLE EXPANSION OF THE BIG BELLY PILOT PROGRAM. 7. DISCUSSION AND UPDATE ON NORMANDY POOL. 8. DISCUSSION TO CONSIDER THE PARKS AND RECREATIONAL FACILITIES ADVISORY BOARD MOTIONS REGARDING THE FUTURE COMMUNITY PARK. 9. DISCUSSION ON ADDING BATTING CAGES AT FLAMINGO PARK- MARCH 9, 2016, ACTION OF THE CITY COMMISSION TO ACCEPT THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO KEEP AND RENOVATE THE ROBERT C. HAAS HANDBALL COURT BUILDING, AND TO REMOVE THE PREVIOUSLY APPROVED RECOMMENDATION TO INCLUDE FOUR ADDITIONAL SINGLE WALL HANDBALL COURTS AND FOUR NEW PADEL COURTS, AS THESE ITEMS ARE RECOMMENDED NOT TO BE INCORPORATED INTO THE FLAMINGO PARK MASTER PLAN; AND RECOMMENDING A DISCUSSION OF OTHER ACTIVITIES/OPTIONS FOR THE MASTER PLAN. 10. MONTHLY CRIME UPDATE. DISCUSSION OF A MEMORIAL OR MARKER IN MEMORY OF ALFREDO GONZALEZ SR. DISCUSSION REGARDING THE CITY'S USE OF HOST COMPLIANCE SERVICES. 13. DISCUSSION REGARDING PAINTED BIKE LANES. 14. DISCUSSION REGARDING THE CO-NAMING OF 14 STREET IN MEMORY OF FAMED PHOTOGRAPHER ANDY SWEET. 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE VI, ENTITLED "PROCUREMENT," BY AMENDING DIVISION 6, SECTIONS 2-411 THRU 2-425, ENTITLED "RESERVED," BY CREATING DIVISION 7, TO BE ENTITLED "SURVEILLANCE TECHNOLOGY CONTRACT PROCEDURES," AND BY ESTABLISHING NEW SECTIONS 2411 THRU 2-415 THEREOF, TO BE ENTITLED "DEFINITIONS; CITY COMMISSION APPROVAL REQUIRED; OLD TECHNOLOGIES TO BE APPROVED; ANNUAL SURVEILLANCE REPORT; AND PENALTY FOR VIOLATIONS"; WHICH SETS FORTH THE PURPOSE, OBLIGATIONS AND RESPONSIBILITIES SURROUNDING THE UTILIZATION OF SURVEILLANCE TECHNOLOGY THROUGHOUT THE CITY OF MIAMI BEACH; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Office of the City Manager ACTION: 1. DISCUSSION REGARDING THE POSSIBLE ADDITION OF A SKATE PARK IN NORTH SHORE OPEN SPACE PARK. DIRECTION: Come back to the November 18, 2016 NCAC meeting. 2. DISCUSSING REGARDING POTENTIALLY RENAMING NORTH SHORE OPEN SPACE PARK. VOTE OF ACCLAMATION TO GO TO THE PARKS AND RECREATION FACILITIES ADVISORY BOARD Page 9 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 3. DISCUSSION REGARDING THE TEMPORARY RELOCATION OF MAURICE GIBB PLAYGROUND. DIRECTION: Defer to November 18, 2016 NCAC meeting. 4. DISCUSSION REGARDING KAYAK LAUNCHES ON SEAWALLS. MOTION: Commissioner Alemán made a motion to have Eric Carpenter come up with a couple of simple cost effective designs that are more transitional and present them to the Marine and Waterfront Protection Authority Committee and if they like it they will write an LTC, if not it will stop there. Commissioner Rosen Gonzalez seconded. All in favor. 5. DISCUSSION TO CONSIDER PARTNERING WITH NATIONAL NONPROFIT COMMON THREADS, TEACHING CHILDREN, FAMILIES, AND TEACHERS TO COOK FOR A HEALTHIER LIFE. DIRECTION: Defer to November 18, 2016 NCAC meeting. 6. DISCUSSION ON THE STATUS AND POSSIBLE EXPANSION OF THE BIG BELLY PILOT PROGRAM. DIRECTION: Defer to November 18, 2016 NCAC meeting. 7. DISCUSSION AND UPDATE ON NORMANDY POOL. DIRECTION: Defer to November 18, 2016 NCAC meeting. 8. DISCUSSION TO CONSIDER THE PARKS AND RECREATIONAL FACILITIES ADVISORY BOARD MOTIONS REGARDING THE FUTURE COMMUNITY PARK. DIRECTION: Proceed with community outreach to the community. Sit down with commissioners to address any concerns brought up during the community meeting. 9. DISCUSSION ON ADDING BATTING CAGES AT FLAMINGO PARK- MARCH 9, 2016, ACTION OF THE CITY COMMISSION TO ACCEPT THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO KEEP AND RENOVATE THE ROBERT C. HAAS HANDBALL COURT BUILDING, AND TO REMOVE THE PREVIOUSLY APPROVED RECOMMENDATION TO INCLUDE FOUR ADDITIONAL SINGLE WALL HANDBALL COURTS AND FOUR NEW PADEL COURTS, AS THESE ITEMS ARE RECOMMENDED NOT TO BE INCORPORATED INTO THE FLAMINGO PARK MASTER PLAN; AND RECOMMENDING A DISCUSSION OF OTHER ACTIVITIES/OPTIONS FOR THE MASTER PLAN. NO ACTION TAKEN 10. MONTHLY CRIME UPDATE. AFTER-ACTION Samir Guerrero, Police Major mentioned that the crime is down. Commissioner Rosen Gonzalez said she would love to hear about the police initiatives. Samir Guerrero said they have allocated resources to Washington Avenue. There are also resources allocated to Ocean Drive. The police department is putting more officers around the clock on Ocean Drive. There are two more and a sergeant, they are concentrating more on the middle zones and the beach walk. In addition, South of Fifth Street, they are trying to having more officers out there being visible to prevent crime. If there are officers basically on every corner, people will go somewhere else to commit crimes and not in Miami Beach. Page 10 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Commissioner Grieco mentioned that there was just a meeting on the traffic side. He said for Samir Guerrero to tell him how it is handled, as they spoke there was a rollover accident that occurred on the Julia Tuttle Causeway. He asked about the people in the conference room that are monitoring intersections. In addition, he asked what happens when intersections get clogged up. Samir Guerrero said they have put cameras in the busiest intersections. There is someone who monitors that, who will dispatch the motor unit to the intersections to make sure traffic is flowing. He said officers were placed on 41 Street because the Julia Tuttle was down to one lane. They were there to try to divert traffic. 11. DISCUSSION OF A MEMORIAL OR MARKER IN MEMORY OF ALFREDO GONZALEZ SR. DIRECTION: Reach out to the property owner regarding placement of plaque on the building at the City’s expense. In the alternative, explore a marker on 11 Street. 12. DISCUSSION REGARDING THE CITY'S USE OF HOST COMPLIANCE SERVICES. DIRECTION: Defer to November 18, 2016 NCAC meeting. 13. DISCUSSION REGARDING PAINTED BIKE LANES. DIRECTION: Defer to November 18, 2016 NCAC meeting. 14. DISCUSSION REGARDING THE CO-NAMING OF 14 STREET IN MEMORY OF FAMED PHOTOGRAPHER ANDY SWEET. DIRECTION: Come back to the November 18, 2016 NCAC meeting with a presentation and more information. 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE VI, ENTITLED "PROCUREMENT," BY AMENDING DIVISION 6, SECTIONS 2-411 THRU 2-425, ENTITLED "RESERVED," BY CREATING DIVISION 7, TO BE ENTITLED "SURVEILLANCE TECHNOLOGY CONTRACT PROCEDURES," AND BY ESTABLISHING NEW SECTIONS 2411 THRU 2-415 THEREOF, TO BE ENTITLED "DEFINITIONS; CITY COMMISSION APPROVAL REQUIRED; OLD TECHNOLOGIES TO BE APPROVED; ANNUAL SURVEILLANCE REPORT; AND PENALTY FOR VIOLATIONS"; WHICH SETS FORTH THE PURPOSE, OBLIGATIONS AND RESPONSIBILITIES SURROUNDING THE UTILIZATION OF SURVEILLANCE TECHNOLOGY THROUGHOUT THE CITY OF MIAMI BEACH; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. NO ACTION TAKEN Page 11 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach C6 B REPORT OF THE OCTOBER 26, 2016 SUSTAINABILITY AND RESILIENCY COMMITTEE: 1) DISCUSSION ON PROHIBITING CONTRACTORS FROM USING ROUNDUP AND OTHER CHEMICALS LABELED AS CARCINOGENS IN PUBLIC SPACES. 2. DISCUSSION ON THE CITY’S ANTI-IDLING POLICY; 3) DISCUSSION REGARDING THE SECURING AND STORAGE OF COMMERCIAL DUMPSTERS. 4) DISCUSSION REGARDING IMPLEMENTING CIGARETTE BUTT RECEPTACLES IN HIGH PEDESTRIAN TRAFFIC AREAS. 5) DISCUSSION TO POSSIBLY DRAFT LEGISLATION REGARDING BALLOON RELEASES ON CITY PROPERTY OR ELSEWHERE. 6) DISCUSSION ON THE POTENTIAL EXPANSION OF THE BIG BELLY TRASHCAN PROGRAM. 7) DISCUSSION TO CONSIDER A MOTION BY THE SUSTAINABILITY COMMITTEE TO ELIMINATE THE USE OF BARE/UNENCAPSULATED POLYSTYRENE IN PRIVATE AND PUBLIC WATERS IN THE CITY OF MIAMI BEACH. 8) MAYOR'S BLUE RIBBON PANEL ON FLOODING AND SEA LEVEL RISE. 9) SUSTAINABILITY COMMITTEE. 10) RESILIENCY STRATEGY. Environment & Sustainability ACTION: 1) PROHIBITING CONTRACTORS FROM USING ROUNDUP AND CHEMICALS LABELED AS CARCINOGENS IN PUBLIC SPACES. MOTION: Motion to draft a Resolution for approval by the City Commission directing City Departments to incorporate best practices for landscaping to include the use Florida Native Species and proper guidelines when redeveloping parks and City owned land. Motion Made by Commissioner Arriola, Seconded by Commissioner Rosen Gonzalez. MOTION: Motion to refer the Florida Friendly Landscaping Plan for City Hall, including an educational component to the City Commission for approval. Motion Made by Commissioner Rosen Gonzalez, Seconded by Commissioner Arriola. 2) Discussion on the City’s Anti-Idling Policy ACTION: Continued to the November 16, 2016 Sustainability and Resiliency Committee. 3) SECURING AND STORAGE OF COMMERCIAL DUMPSTERS. ACTION: Continued to the November 16, 2016 Sustainability and Resiliency Committee. 4) IMPLEMENTING CIGARETTE BUTT RECEPTACLES IN HIGH PEDESTRIAN TRAFFIC AREAS. ACTION: Item referred by acclamation to the Finance & Citywide Projects Committee for review. 5) DISCUSSION TO POSSIBLY DRAFT LEGISLATION REGARDING BALLOON RELEASES ON CITY PROPERTY OR ELSEWHERE. ACTION: No further action taken. 6) DISCUSSION ON THE POTENTIAL EXPANSION OF THE BIG BELLY TRASHCAN PROGRAM. MOTION: Item referred by acclamation to the Finance & Citywide Projects Committee operational and financial analysis. Motion made by Commissioner Arriola, seconded by Commissioner Rosen Gonzalez Page 12 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 7) DISCUSSION TO CONSIDER A MOTION BY THE SUSTAINABILITY COMMITTEE TO ELIMINATE THE USE OF BARE/UNENCAPSULATED POLYSTYRENE IN PRIVATE AND PUBLIC WATERS IN THE CITY OF MIAMI BEACH. ACTION: Environment and Sustainability staff to work with legal on drafting a Resolution to prohibit the use of bare/unencapsulated polystyrene docks. Action approved by acclamation. MOTION: Staff to draft a Resolution urging the County, State, and the Coast Guard to discontinue the use of bare/unencapsulated polystyrene docks. Motion made by Commissioner Rosen Gonzalez, Seconded by Commissioner Arriola. 8) MAYOR'S BLUE RIBBON PANEL ON FLOODING AND SEA LEVEL RISE. ACTION: No further action taken. 9) SUSTAINABILITY COMMITTEE. ACTION: No further action taken. 10) Resiliency Strategy ACTION: No further action taken. C6 C REPORT OF THE OCTOBER 26, 2016 LAND USE AND DEVELOPMENT COMMITTEE MEETING: 1. AMENDMENT TO SEC. 118-394 OF THE CITY CODE TO EXPAND AND BETTER DEFINE THE DISCONTINUANCE PROCEDURES FOR LEGAL NON- CONFORMING USES. 2. PROPOSED REVISION TO SEC. 130-132 OF THE OFF-STREET PARKING REGULATIONS PERTAINING TO THE REMOVAL OF REQUIRED OFF- STREET PARKING SPACES AND THE PAYMENT OF A PARKING IMPACT FEE. 3. DISCUSSION REGARDING INCENTIVIZING THE RETENTION, RAISING AND/OR RELOCATION OF HISTORIC/ARCHITECTURALLY SIGNIFICANT SINGLE FAMILY HOMES (SFH). 4. DISCUSSION REGARDING AN AMENDMENT TO THE WEST AVENUE OVERLAY TO REMOVE THE CURRENT ALLOWANCE FOR BED AND BREAKFAST AND SUITE HOTEL USES. 5. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE III, "AMENDMENT PROCEDURE," TO REQUIRE A 6/7TH VOTE OF THE CITY COMMISSION TO INCREASE THE MAXIMUM ZONED BUILDING HEIGHT IN ANY ZONING DISTRICT BY MORE THAN FEET, EXCEPT FOR HEIGHT REGULATION EXCEPTIONS SET FORTH IN CITY CODE SECTION 142-1161, AND TO REQUIRE A 6/7TH VOTE OF THE CITY COMMISSION TO AMEND OR REPEAL THIS ORDINANCE; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 6. DISCUSSION REGARDING AN ORDINANCE AMENDMENT TO CURB THE PROLIFERATION OF FORMULA RETAIL ESTABLISHMENTS. 7. CMB PREPARATIONS FOR LIKELY PASSAGE OF STATE MEDICAL MARIJUANA CONSTITUTIONAL AMENDMENT. 8. DISCUSSION REGARDING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO ESTABLISH MORE AGGRESSIVE REQUIREMENTS FOR EMPLOYEE TRANSPORTATION PLANS. 9. DISCUSSION REGARDING RESCINDING THE NOISE ORDINANCE EXEMPTION FOR OCEAN FACING CAFES IN THE MXE DISTRICT. 10. DISCUSSION REGARDING A PROHIBITION ON THE OPENING OF ANY NEW OPEN AIR ALCOHOL ENTERTAINMENT ESTABLISHMENTS AND PACKAGE STORES IN THE MXE DISTRICT OF OCEAN DRIVE. Page 13 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 11. DISCUSSION ON AN AMENDMENT TO THE CITY CODE TO ADDRESS THE ALLOWANCE OF 'ENTERTAINMENT' IN NON-ALCOHOLIC BEVERAGE USES AND ESTABLISHMENTS. 12. DISCUSSION REGARDING THE DEVELOPMENTAL REGULATIONS FOR THE GILBERT FEIN NEIGHBORHOOD CONSERVATION DISTRICT. 13. DISCUSSION REGARDING PROPOSED DEVELOPMENT OF THE BLOCK OF LAND BOUNDED BY COLLINS AVENUE ON THE EAST, 87TH STREET ON THE SOUTH, HARDING AVENUE ON THE WEST, AND 87TH TERRACE ON THE NORTH, AND ASSOCIATED LEGISLATIVE CHANGES. 14. DISCUSSION REGARDING THE CREATION OF NORTH BEACH CONSERVATION DISTRICTS. 15. DISCUSSION REGARDING AMENDING THE MAXIMUM PERMITTED HEIGHT AND NUMBER OF STORIES FOR SITES WITH EXISTING NONCONFORMING BUILDINGS IN THE CD-2 DISTRICT Planning ACTION: 1. AMENDMENT TO SEC. 118-394 OF THE CITY CODE TO EXPAND AND BETTER DEFINE THE DISCONTINUANCE PROCEDURES FOR LEGAL NON-CONFORMING USES. MOTION: JA/MG (3-0) Recommend that the City Commission refer the Ordinance drafted by staff to the Planning Board with a modification that there be an 18-month period to allow for a new tenant. 2. PROPOSED REVISION TO SEC. 130-132 OF THE OFF-STREET PARKING REGULATIONS PERTAINING TO THE REMOVAL OF REQUIRED OFF-STREET PARKING SPACES AND THE PAYMENT OF A PARKING IMPACT FEE. MOTION: JA /MG (3-0) Recommend approval of the clarification and transmit back to the City Commission for a new First Reading. 3. DISCUSSION REGARDING INCENTIVIZING THE RETENTION, RAISING AND/OR RELOCATION OF HISTORIC/ARCHITECTURALLY SIGNIFICANT SINGLE FAMILY HOMES (SFH). MOTION: Continued to December 12, 2016 by Acclamation, with instruction to staff to provide renderings and look at options pertaining to single family permitting. 4. DISCUSSION REGARDING AN AMENDMENT TO THE WEST AVENUE OVERLAY TO REMOVE THE CURRENT ALLOWANCE FOR BED AND BREAKFAST AND SUITE HOTEL USES. MOTION: Continued to November 16, 2016 by Acclamation. 5. AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE III, "AMENDMENT PROCEDURE," TO REQUIRE A 6/7TH VOTE OF THE CITY COMMISSION TO INCREASE THE MAXIMUM ZONED BUILDING HEIGHT IN ANY ZONING DISTRICT BY MORE THAN FEET, EXCEPT FOR HEIGHT REGULATION EXCEPTIONS SET FORTH IN CITY CODE SECTION 142-1161, AND TO REQUIRE A 6/7TH VOTE OF THE CITY COMMISSION TO AMEND OR REPEAL THIS ORDINANCE; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. MOTION: Continued to November 16, 2016 by Acclamation. Page 14 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 6. DISCUSSION REGARDING AN ORDINANCE AMENDMENT TO CURB THE PROLIFERATION OF FORMULA RETAIL ESTABLISHMENTS. MOTION: Continued to November 16, 2016 by Acclamation. 7. CMB PREPARATIONS FOR LIKELY PASSAGE OF STATE MEDICAL MARIJUANA CONSTITUTIONAL AMENDMENT. MOTION: Continued to November 16, 2016 by Acclamation. 8. DISCUSSION REGARDING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO ESTABLISH MORE AGGRESSIVE REQUIREMENTS FOR EMPLOYEE TRANSPORTATION PLANS. MOTION: Continued to November 16, 2016 by Acclamation. 9. DISCUSSION REGARDING RESCINDING THE NOISE ORDINANCE EXEMPTION FOR OCEAN FACING CAFES IN THE MXE DISTRICT. MOTION: The item was withdrawn. No further action will take place. 10. DISCUSSION REGARDING A PROHIBITION ON THE OPENING OF ANY NEW OPEN AIR ALCOHOL ENTERTAINMENT ESTABLISHMENTS AND PACKAGE STORES IN THE MXE DISTRICT OF OCEAN DRIVE. MOTION: The item was withdrawn. No further action will take place. 11. DISCUSSION ON AN AMENDMENT TO THE CITY CODE TO ADDRESS THE ALLOWANCE OF 'ENTERTAINMENT' IN NON-ALCOHOLIC BEVERAGE USES AND ESTABLISHMENTS. MOTION: Continued to December 12, 2016 by Acclamation. 12. DISCUSSION REGARDING THE DEVELOPMENTAL REGULATIONS FOR THE GILBERT FEIN NEIGHBORHOOD CONSERVATION DISTRICT. NO ACTION TAKEN. The item was withdrawn at the October 19, 2016 City Commission Meeting. 13. DISCUSSION REGARDING PROPOSED DEVELOPMENT OF THE BLOCK OF LAND BOUNDED BY COLLINS AVENUE ON THE EAST, 87TH STREET ON THE SOUTH, HARDING AVENUE ON THE WEST, AND 87TH TERRACE ON THE NORTH, AND ASSOCIATED LEGISLATIVE CHANGES. MOTION: JA/MG (3-0) Recommend in favor of a Comprehensive Plan amendment and Zoning Map amendment to the Planning Board and authorize the City Manager to co-sign applicable Land Use Board applications. NOTE: The referral on October 19, 2016 (Item C4M) was a DUAL referral to both the Land Use Committee AND the Planning Board. 14. DISCUSSION REGARDING THE CREATION OF NORTH BEACH CONSERVATION DISTRICTS NO ACTION TAKEN: The item was placed on the agenda in error. Page 15 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 15. DISCUSSION REGARDING AMENDING THE MAXIMUM PERMITTED HEIGHT AND NUMBER OF STORIES FOR SITES WITH EXISTING NONCONFORMING BUILDINGS IN THE CD-2 DISTRICT. MOTION: MG/JA (3-0) Send the item to the City Commission with no recommendation. ADDENDUM MATERIAL 3 C6 D REPORT OF THE OCTOBER 28, 2016 FINANCE AND CITYWIDE PROJECTS COMMITTEE: 1. A. 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 (MAY 11, 2016 COMMISSION ITEM C4K) B. DISCUSSION REGARDING BUS SURVEY RESULTS TO IDENTIFY TRANSPORTATION NEEDS OF PUBLIC SCHOOL CHILDREN WITHIN TWO-MILE LIMIT OF HOME SCHOOL. (OCTOBER 19, 2016 COMMISSION ITEM C4B) 2. DISCUSSION REGARDING ADVERTISING OPPORTUNITIES WITHIN MUNICIPAL PARKING GARAGES AND NOT VISIBLE FROM THE RIGHT-OF-WAY (MAY 11, 2016 COMMISSION ITEM C4B) 3. DISCUSS CONDUCTING A COMPARISON STUDY AMONG SIMILAR EXECUTIVES IN MIAMI-DADE COUNTY FOR NEXT YEAR’S BUDGET REGARDING A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE CITY MANAGER'S EMPLOYMENT AGREEMENT WITH THE CITY TO INCREASE THE CITY MANAGER'S BASE SALARY FROM $262,649.92 TO $271,590.28, EFFECTIVE OCTOBER 1, 2016, TO BE EQUAL TO THE CURRENT BASE SALARY OF THE CITY ATTORNEY. (SEPTEMBER 27, 2016 COMMISSION ITEM R7K) 4. DISCUSSION OF THE REFUNDING OF THE OUTSTANDING TAXABLE SPECIAL OBLIGATION REFUNDING BONDS (PENSION FUNDING PROJECT), SERIES 2005. 5. DISCUSSION REGARDING THE ISSUE OF PARKING AT BISCAYNE BEACH AS RECOMMENDED BY THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE. (OCTOBER 19, 2016 COMMISSION ITEM C4C) 6. DISCUSSION REGARDING OPTIONS ON MOVING FORWARD WITH THE DESIGN AND CONSTRUCTION OF THE LINCOLN ROAD DISTRICT REDEVELOPMENT PROJECT. (OCTOBER 19, 2016 COMMISSION ITEM C4D) 7. A DISCUSSION REGARDING A LEASE AGREEMENT BETWEEN THE CITY AND FLORIDA FOOD DISTRICT INC. (AS TENANT), INVOLVING THE USE OF APPROXIMATELY 2,216 SQUARE FEET OF CITY OWNED UNIMPROVED LAND, LOCATED AT 22 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA, CURRENTLY USED AS AN OUTDOOR SEATING AREA; SAID LEASE HAVING AN INITIAL TERM OF TWO (2) YEARS, WITH ONE (1) RENEWAL TERM OF FOUR (4) YEARS AND 364 DAYS, AT THE CITY’S OPTION AND TO RUN CONCURRENT WITH THE TENANT’S LEASE/USE OF AN ADJACENT EXISTING RESTAURANT LOCATED AT 816 COMMERCE STREET, MIAMI BEACH, FLORIDA. 8. A DISCUSSION REGARDING A NEW LEASE AGREEMENT BETWEEN THE MIAMI BEACH REDEVELOPMENT AGENCY AND THE CITY OF MIAMI BEACH (COLLECTIVELY, LANDLORD) AND COMCAST OF COLORADO / FLORIDA / MICHIGAN / NEW MEXICO / PENNSYLVANIA / WASHINGTON, LLC (TENANT), FOR THE USE OF APPROXIMATELY 325 SQUARE FEET OF CITY- OWNED PROPERTY (PREMISES), LOCATED ON THE FIRST FLOOR AT 1661 PENNSYLVANIA AVENUE (PENN GARAGE), MIAMI BEACH, FLORIDA, FOR A PERIOD OF NINE (9) YEARS AND THREE HUNDRED SIXTY FOUR (364) DAYS, COMMENCING DECEMBER 1, 2016 AND ENDING NOVEMBER 30, 2026. 9. DISCUSSION REGARDING PROPOSED INTERCEPTOR GARAGE AT 1623 WEST AVENUE (LOT NO. P23). (CONTINUED FROM SEPTEMBER 14, 2016 COMMISSION ITEM R9AA) 10. DISCUSSION Page 16 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach REGARDING THE EXCHANGE OF PROPERTY WITH THE OWNER OF 5860 NORTH BAY ROAD LN ORDER TO RESOLVE THE EXISTING BOUNDARY LINES, AND THE LOCATION OF A FUTURE CITY PUMP STATION AND SEWER LINE (JUNE 8, 2016 COMMISSION ITEM C4F) 11. DISCUSSION OF AN ASSESSMENT THROUGHOUT THE CITY OF STREET ENDS TO RECONSIDER KAYAK LAUNCHES (JULY 13, 2016 COMMISSION ITEM R9G) 12. DISCUSSION REGARDING WHETHER OR NOT TO PURSUE FOOD AND BEVERAGE CONCESSIONS FOR SOUNDSCAPE PARK, COLLINS PARK, AND THE MIAMI BEACH BOTANICAL GARDEN (MAY 21, 2014 COMMISSION ITEM C4C)(CONTINUED FROM MAY 20, 2016 FCWPC MEETING) 13. DISCUSSION REGARDING FUTURE USES OR THE POTENTIAL SALE OF VACANT CITY-OWNED LAND LOCATED AT 226 87TH TERRACE (OCTOBER 19, 2016 COMMISSION ITEM C4A) (JULY 13, 2016 COMMISSION ITEM C4J). Finance Addendum added on 11/8/2016 ACTION: 1. A. WORK W/ MDCPS TO ASSESS VIABILITY IN SCHOOL BUS SERVICE WITHIN THE 2-MILE BOUNDARY OF SCHOOL BUS. B. BUS SURVEY RESULTS/IDENTIFY NEEDS OF PUBLIC SCHOOL CHILDREN WITHIN TWO-MILE LIMIT OF HOME SCHOOL. ACTION The Committee directed staff to bring back cost estimates and put together a recommendation for a possible pilot program and bring back to the November 18th Finance Committee meeting. 2. ADVERTISING OPPORTUNITIES WITHIN MUNICIPAL PARKING GARAGES AND NOT VISIBLE FROM THE RIGHT-OF-WAY. ACTION Item deferred to November 18th Finance Committee meeting. Advertising company could not make it for a discussion. 3. COMPARISON STUDY AMONG SIMILAR EXECUTIVES IN COUNTY FOR NEXT YEAR’S BUDGET RE: RESO ON AMENDMENT TO CITY MANAGER'S EMPLOYMENT AGREEMENT. ACTION The Committee directed staff to conduct a survey to determine what the market compensation would be for the City Manager position here in the City of Miami Beach. The survey will look at larger public agencies in Miami-Dade and Broward counties that would include not only cities and counties but also educational institutions as well as some of the larger hospital districts. Along with salary, the compensation package will also include Pension, Health Insurance, and expense accounts. 4. REFUNDING OF THE OUTSTANDING TAXABLE SPECIAL OBLIGATION REFUNDING BONDS. ACTION The Committee recommended moving forward with the refinancing of the outstanding Pension Obligation Bonds at an interest rate of 1.69% with a bank loan. This item is to be presented at the next Commission meeting. Page 17 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 5. PARKING ISSUE AT BISCAYNE BEACH. ACTION • The Committee recommended moving forward with the Biscayne Beach garage directing it to Commission to add it to the previously authorized design criteria professional’s pool of garages to be worked on. • The Committee recommended moving forward with the restriping to gain up to an additional 25 parking spaces and expanding the scooter implementation program to Biscayne Beach to gain 20-30 motorcycle/scooter spaces as an interim solution. • The Committee directed staff to further explore the relocating of the fire hydrants and, to send to the Parking and Transportation Committee to have them compare the plan that staff provided to the homeowners’ study and come up with an agreement of the max amount of spaces to be gained and bring back this item to Finance Committee meeting to make a decision based on the agreement. 6. OPTIONS ON MOVING FORWARD WITH DESIGN & CONSTRUCTION OF LINCOLN RD DISTRICT REDEVELOPMENT PROJECT. ACTION The Committee recommended moving forward with funding the Lincoln Road full master plan design. 7. LEASE AGREEMENT WITH FLORIDA FOOD DISTRICT INC. AT 22 WASHINGTON AVENUE, AT THE CITY’S OPTION AND TO RUN CONCURRENT WITH THE TENANT’S LEASE/USE OF AN ADJACENT EXISTING RESTAURANT LOCATED AT 816 COMMERCE STREET. ACTION The Committee recommended moving forward with the new lease. 8. LEASE AGREEMENT BETWEEN RDA, CMB & COMCAST OF COLORADO/FOR USE OF CITY-OWNED PROPERTY (PREMISES), LOCATED AT 1661 PENNSYLVANIA AVENUE. ACTION The Committee recommended moving forward with the new lease. 9. PROPOSED INTERCEPTOR GARAGE AT 1623 WEST AVENUE. ACTION Item deferred. Cost proposal is being reviewed by CIP to in order to present it to the Developer (Crescent Heights) to determine if they wish to fund the analysis to include pedestrian bridge. 10. EXCHANGE OF PROPERTY WITH OWNER OF 5860 NORTH BAY ROAD. ACTION Item deferred until November 18th Finance Committee meeting pending completion of appraisal. Page 18 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 11. ASSESSMENT THROUGHOUT CITY OF STREET ENDS TO RECONSIDER KAYAK LAUNCHES. ACTION Item deferred. The Committee directed staff to take possible design concepts that are an economical solution for adaptable seawalls that’s not kayak launching to the Marine Water Committee before returning to the Finance Committee. 12. WHETHER OR NOT TO PURSUE FOOD AND BEVERAGE CONCESSIONS FOR SOUNDSCAPE PARK, COLLINS PARK, & MIAMI BEACH BOTANICAL GARDEN ACTION Item deferred. 13. FUTURE USES OR THE POTENTIAL SALE OF VACANT CITY-OWNED LAND LOCATED AT 226 87TH TERRACE ACTION • The Committee directed staff to order at least 2 appraisals, asking that the potential bidder (8701 Collins Development, LLC) pays for both, with the condition that the City chooses the appraisers. Appraisers are to understand that a potential acquirer owns the adjacent land and how that would factor into their appraisal. • The Committee directed the City Attorney’s office to confirm what the City’s options and obligations are when selling land. Whether the City has to put it on the market for sale or if the City can sole source the sale to someone who is willing to pay the appraised value for the land. C7 - Resolutions C7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO RECAPTURE $25,050 OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS PREVIOUSLY ALLOCATED TO FOOD FOR LIFE NETWORK, INC. PURSUANT TO THE ACTION PLAN FOR FISCAL YEAR 2016/2017 AND THE FIVE YEAR CONSOLIDATED PLAN FOR FISCAL YEARS 2013-2017, AND TO REALLOCATE SAID CDBG FUNDS TO A MUNICIPAL CAPITAL PROJECT; AUTHORIZING THE CITY MANAGER TO SUBMIT THE REVISED ACTION PLAN AND CONSOLIDATED PLAN TO HUD; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE CITY INTERDEPARTMENTAL AGREEMENTS. Housing and Community Services ACTION: Resolution 2016-29620 adopted. Maria Ruiz to handle. Page 19 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach C7 B A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO RESOLUTION NO. 2014-28877; SAID AMENDMENT AUTHORIZING THE CITY MANAGER TO REALLOCATE $171,179.00 OF FY 2013-2014 HOME INVESTMENTS PARTNERSHIP PROGRAM (HOME) FUNDS TO THE LONDON HOUSE APARTMENTS REHABILITATION PROJECT; AND APPROVING AN AMENDMENT TO THE FY 2013-2014 ACTION PLAN AND THE FY 2013 THROUGH 2017 CONSOLIDATED PLAN; AUTHORIZING THE CITY MANAGER TO SUBMIT THE REQUISITE REVISED ACTION PLANS AND CONSOLIDATED PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INTERDEPARTMENTAL AGREEMENTS. Housing and Community Services ACTION: Resolution 2016-29621 adopted. Maria Ruiz to handle. C7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO INVITATION TO BID (ITB) NO. 2016-173-WG FOR COLLINS PARK LIGHT POLE REPLACEMENT PROJECT; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH ATF BUILDERS, INC., THE LOWEST RESPONSIVE BIDDER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ATF BUILDERS, INC. UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. Parks and Recreation / Procurement ACTION: Resolution 2016-29622 adopted. John Rebar and Alex Denis to handle. C7 D A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT WITH THE FLORIDA INTERNATIONAL UNIVERSITY, FOR THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS AND MUTUAL AID BENEFIT BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA INTERNATIONAL UNIVERSITY. Police ACTION: Resolution 2016-29623 adopted. Police Chief Daniel Oates to handle. C7 E A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO AWARD, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2016-052-KB, DESIGN/BUILD SERVICES FOR STORMWATER PUMP STATION ON 19TH STREET BETWEEN CONVENTION CENTER DRIVE AND MERIDIAN AVENUE, TO RIC-MAN CONSTRUCTION, INC., WITH THE GUARANTEED MAXIMUM PRICE (GMP) IN THE AMOUNT OF $6,332,389.80; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DESIGN BUILD AGREEMENT WITH RIC-MAN CONSTRUCTION, INC. Public Works / Procurement ACTION: Resolution 2016-29624 adopted. Eric Carpenter and Alex Denis to handle. Page 20 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach C7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO DEVELOP AND IMPLEMENT A COMMEMORATIVE TREE PROGRAM ("PROGRAM") AND TO CREATE A COMMEMORATIVE TREE TRUST FUND ("TRUST FUND") IN ACCORDANCE WITH, AND SUBJECT TO, THE GENERAL PARAMETERS AND GUIDELINES SET FORTH IN THE COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION, AND SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL GOVERNMENT REQUIREMENTS; AND, FURTHER, AUTHORIZING THE CITY MANAGER TO ACCEPT, ON BEHALF OF THE CITY, FUNDS FROM INDIVIDUALS MAKING DONATIONS TO THE PROGRAM'S TRUST FUND FOR COMMEMORATIVE TREES ON CITY PROPERTY. Environment and Sustainability Vice-Mayor Joy Malakoff ACTION: Resolution 2016-29625 adopted. Elizabeth Wheaton and Allison Williams to handle. C7 G A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, 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 AGREEMENTS: 1) ROBERT WOOD JOHNSON FOUNDATION IN THE APPROXIMATE AMOUNT OF $25,000; AND RETROACTIVELY TO: 2) FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM IN THE APPROXIMATE AMOUNT OF $200,000; 3) FLORIDA JUNIOR GOLF COUNCIL IN THE APPROXIMATE AMOUNT OF $5,000; AND 4) EXECUTE AN AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE AMOUNT OF $250,000 FOR A CAST IRON WATER LINE REPLACEMENT ON ALTON ROAD FROM MICHIGAN AVENUE TO NORTH BAY ROAD; 5) EXECUTE AN AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE AMOUNT OF $250,000 FOR A 20-INCH WATER LINE REPLACEMENT ON ALTON ROAD FROM 43RD TO 63RD STREET. Budget and Performance Improvement ACTION: Resolution 2016-29626 adopted. Allison Williams to appropriate the funds if accepted. Judy Hoanshelt to handle. C7 H A RESOLUTION Of THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REVISING AND SETTING THE CONTRIBUTION RATES FOR THE CITY OF MIAMI BEACH TREE PRESERVATION TRUST FUND. Environment and Sustainability Vice-Mayor Joy Malakoff and Commissioner John Elizabeth Alemán ACTION: Resolution 2016-29627 adopted. Elizabeth Wheaton and Allison Williams to handle. Page 21 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 9:13:09 p.m. SUPPLEMENTAL MATERIAL 1: RESOLUTION & AGREEMENT C7 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE CITY MANAGER'S RECOMMENDATION AND WAIVING, BY 5/7TH VOTE, THE CITY'S 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. 2 TO THE CITY'S AGREEMENT WITH ATLANTIC PAVING CO., INC. FOR THE PAINTING AND STRIPING OF DEDICATED BICYCLE LANES ACROSS THE CITY, PURSUANT TO INVITATION TO BID (ITB) NO. 2015-002-KB, WITH A TOTAL CONTRACT SUM, IN AN AMOUNT NOT-TO-EXCEED $1,700,000. Procurement/Transportation Supplemental updated on 11/4/2016 ACTION: Resolution 2016-29628 adopted as amended. Item separated by Commissioner Rosen Gonzalez. Commissioner Alemán motioned to approve as amended; seconded by Commissioner Grieco. Voice vote: 6-0. Absent: Mayor Levine. Alex Denis and Jose Gonzalez to handle. AMENDMENTS: Approve the bike lanes that are currently being painted (retroactive approval), go forward with the Venetian Causeway segment, and then go out to bid for future bike lanes Commissioner Rosen Gonzalez stated that she is in favor of the City’s bicycle lanes, but when the project originally began, the figure was $100,000. The contract is now for $1.4 million, and it has not gone out to bid. This is about competitive pricing; the City needs to go out to bid and try to save money. Jose Gonzalez, Transportation Director, explained that there was an initial bid put out competitively, and two bidders responded specifically to the 15th Street bike lane. The contractor awarded bid significantly lower than the competition. He and his team are now working on a parallel bid for future bike lanes. Commissioner Rosen Gonzalez motioned to put this item out to bid. The motion was not seconded. City Manager Morales stated that not many companies are interested in the type of work required to paint the City’s bicycle lanes, but future work would be put out to bid. Discussion held. Commissioner Grieco asked what the delay would be if the item were put out to bid at this moment. Mr. Gonzalez replied that if the item were placed to bid now, there should be an award by January 2017. He asked the City Commission to approve a time sensitive item of painting the Venetian Causeway bicycle lanes while the east bridge is closed to traffic. Discussion held. Page 22 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Commissioner Steinberg stated that originally, this project called for a low amount of money to paint the bike lanes; but now that the project is bigger, more companies may be interested. Commissioner Alemán motioned to approve the bike lanes that are currently being painted (retroactive approval), go forward with the Venetian Causeway segment, and then go out to bid for future bike lanes; seconded by Commissioner Grieco. City Clerk’s Note: Per Corrections, Item C7 I’s title was changed - the not to exceed amount in the title from $1,400,000 to $1,700,000. C7 J A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, BETWEEN THE CITY AND THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE VILLAGE), FOR THE PERFORMANCE OF FLEET MAINTENANCE AND REPAIR SERVICES BY THE CITY'S FLEET MANAGEMENT DEPARTMENT ON BEHALF OF THE VILLAGE; SAID AGREEMENT HAVING AN INITIAL TERM OF FOUR (4) YEARS, WITH TWO (2) TWO-YEAR RENEWAL OPTIONS, UPON MUTUAL AGREEMENT OF THE PARTIES. Fleet Management ACTION: Resolution 2016-29629 adopted. Jorge Cano to handle. C7 K A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA ACCEPTING THE CITY MANAGER'S RECOMMENDATION BY 5/7TH VOTE AND WAIVING THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE CITY'S STANDARD SOFTWARE MAINTENANCE AGREEMENT WITH TYLER TECHNOLOGIES INC., IN AN AMOUNT NOT TO EXCEED $131,814. Fire / Police / Procurement ACTION: Resolution 2016-29630 adopted. Chiefs Fernandez and Oates, and Alex Denis to handle. C7 L A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE (FCWPC), APPROVING AND AUTHORIZING THE ADMINISTRATION TO OBTAIN TWO (2) REAL PROPERTY APPRAISALS FOR THE CITY- OWNED PROPERTY LOCATED AT 226 87TH TERRACE, CONSISTING OF .35 ACRES OF VACANT LAND (SUBJECT PROPERTY); SAID APPRAISALS TO BE USED IN CONSIDERING FUTURE USES OR THE POTENTIAL SALE OF THE SUBJECT PROPERTY. Tourism, Culture and Economic Development Commissioner Michael Grieco ACTION: Resolution 2016-29631 adopted. Vanessa Williams to handle. Page 23 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach SUPPLEMENTAL MATERIAL 1: UPDATED MEMORANDUM & RESOLUTION C7 M A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING SPECIAL EVENT FEE WAIVERS FOR THE SQUARE FOOTAGE FEE IN THE AMOUNT OF $2,487, AND THE TO-BE-DETERMINED LUMMUS PARK USER FEE, FOR THE BURGER KING BEACH RUN TO BE HELD ON DECEMBER 11, 2016. Commissioner Ricky Arriola Supplemental updated on 11/4/2016 ACTION: Resolution 2016-29632 adopted. Vanessa Williams and John Rebar to handle. C7 N A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 82- 93(a), OF THE CITY CODE, SETTING A PUBLIC HEARING TO CONSIDER APPROVING A REVOCABLE PERMIT REQUEST BY AMERICAS TRADE CENTER, IN ORDER TO ALLOW THE INSTALLATION OF A MARQUEE AND BLADE SIGNAGE ON THE LINCOLN ROAD FACADE OF THE FORMER CARIB THEATER, LOCATED AT 230 LINCOLN ROAD, WHICH CANOPY WOULD BE CONSISTENT WITH THE HISTORIC DOCUMENTATION FOR THE CONTRIBUTING STRUCTURE, LOCATED WITHIN THE FLAMINGO PARK LOCAL HISTORIC DISTRICT, AND WHICH CANOPY WOULD EXTEND APPROXIMATELY 18 FEET OVER THE RIGHT- OF-WAY (SIDEWALK) ON LINCOLN ROAD, WOULD BE 26 FEET IN LENGTH, WITH A CLEARANCE OF APPROXIMATELY 17 FEET ABOVE THE SIDEWALK, AND CONSIST OF A TOTAL AREA OF 469.30 SQUARE FEET. Public Works ACTION: Resolution 2016-29633 adopted. Public Hearing scheduled for December 14, 2016. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Eric Carpenter to handle. 9:28:00 a.m. ADDENDUM MATERIAL 1 C7 O A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, TO AUTHORIZING THE PLANNING DEPARTMENT TO ACCEPT AN APPLICATION BY SOUTH BEACH HEIGHTS I, LLC, 500 ALTON ROAD VENTURES, LLC, AND 1220 SIXTH, LLC, TO FILE FOR DESIGN REVIEW APPROVAL AND OR PLANNING BOARD APPROVAL, WHILE THE PROPOSED ORDINANCE AMENDMENT RELATING TO THE MAXIMUM PERMITTED HEIGHT AND NUMBER OF STORIES FOR SITES WITH EXISTING NONCONFORMING BUILDINGS IN THE CD-2 DISTRICT IS PENDING. Commissioner Ricky Arriola Addendum added on 11/4/2016 ACTION: Resolution 2016-29634 adopted. Item separated by Vice-Mayor Malakoff and Commissioner Grieco. Motion made by Commissioner Alemán; seconded by Commissioner Arriola. Voice vote: 4-2; Opposed: Commissioners Grieco and Steinberg. Absent: Mayor Levine. Thomas Mooney to handle. Russell Galbut, Principal of Crescent Heights, the owner of the largest land accumulation site in South Beach, spoke. This site has been vacant for nearly ten years. The involvement of the site was originally to save a hospital, but that plan fell through. They have a new plan that Page 24 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach requires some maneuvering and changes, but they believe the neighborhood will approve of it. Mr. Galbut clarified that the risk is substantive, and it is entirely on Crescent Heights. Commissioner Arriola stated that people are concerned with this project. The shell of the former hospital has remained on the site for over ten years, and it is one of the first thing people see when getting into the City via the MacArthur Causeway. Due to the City Code, there is currently a disincentive for the owner to knock down the structure, and now the City is stuck with it. The sooner the site could be used for something, the better. It is not an easy task, because he does not believe Crescent Heights will get support if the neighbors are not happy. Mr. Galbut stated that they expect to build a replacement facility, which is better designed, more resilient, better corridors, and with more open space and an open park. This is the opportunity to do something special. Commissioner Grieco stated that he wants the current structure torn down. He believes the City may be rushing for the wrong reasons, and does not understand why. Commissioner Arriola stated that the current structure has been languishing for over a decade, and he wants to move forward. There are high expectations, and the neighborhood needs to accept the proposed project. Mr. Galbut stated that they are designing a much better project, and he believes the neighborhood will approve. If the neighbors do not approve, then they will go in a different direction. He added that for the first time in 40 years there would be a new residential area that is not a condominium. Commissioner Rosen Gonzalez asked to be invited to the neighborhood meetings so that she could be informed on the development and add her opinions. Mr. Galbut agreed and invited the entire City Commission to the neighborhood meetings they plan to begin in the near future. Discussion held as to whether this would be affordable housing or workforce housing. Commissioner Grieco clarified that the development would be rentals, not affordable housing or workforce housing. Commissioner Grieco reiterated that his concern is that the normal process is not being followed. There is nothing preventing Mr. Galbut from doing outreach to the neighbors now, without the City Commission taking the action that is before them. Mr. Galbut added that they are looking forward to working with the community to develop a good plan, but things unfortunately take a long time to develop. Clerk’s Note: See Daniel Ciraldo’s comment as part of the morning session of the Dr. Stanley Sutnick Citizen’s Forum, speaker number 3. Handouts or Reference Materials: 1. Letter from Samuel J. Dubbin, P.A., Dubbin & Kravetz, dated November 8, 2016 RE: November 9, 2016 City Commission Resolution, Agenda Item C-70. Page 25 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach REGULAR AGENDA R5 - Ordinances 10:09:57 a.m. R5 A AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO ESTABLISHING A TEMPORARY MORATORIUM FOR A PERIOD OF 180 DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE ON THE ACCEPTANCE, REVIEW, APPROVAL OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS AS THE TERM IS DEFINED IN FLORIDA STATUTES SECTION 163.3164(16), BUSINESS TAX RECEIPTS OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF DISPENSING FACILITIES WITHIN THE CITY ENGAGED IN THE ON-SITE DISTRIBUTION, SALE, DELIVERY OR RETAIL OF LOW -THC CANNABIS, MEDICAL CANNABIS OR CANNABIS DELIVERY DEVICES PURSUANT TO SECTIONS 381.986 AND 499.0295 OF THE FLORIDA STATUTES, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT REGULATIONS GOVERNING THE ESTABLISHMENT AND OPERATION OF DISPENSING FACILITIES; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO OCTOBER 19, 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. 10:00 a.m. Second Reading Public Hearing Planning First Reading PH on October 19, 2016 - R5 U Commissioner Ricky Arriola ACTION: Ordinance 2016-4051 adopted as amended (effective on First Reading). Public Hearing held. Motion made by Commissioner Alemán for a five-month moratorium; seconded by Commissioner Arriola; Ballot vote: 5-1; Opposed: Commissioner Grieco; Absent: Mayor Levine. Thomas Mooney to handle. AMENDMENT: Five-Month moratorium to medical marijuana dispensaries. REFERRAL: Draft legislation in Land Use & Development Committee and refer to Planning Board. Thomas Mooney to place on the Committee and Board Agendas and to handle. TO DO: • Have the Miami Beach Police Department and the Code Enforcement Department provide feedback on ordinances proposed by other municipalities regarding medical marijuana dispensaries. Thomas Mooney and Hernan Cardeno to handle. • Have the Planning Department look at zones in the City, and find the most appropriate places for such dispensaries. Thomas Mooney to handle. • Planning Department should start having marijuana dispensary conversations with hospitals. Thomas Mooney to handle. Page 26 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach MOTION NO. 1: Motion made by Commissioner Alemán for a five-month moratorium; seconded by Commissioner Arriola; Ballot vote: 5-1; Opposed: Commissioner Grieco; Absent: Mayor Levine. MOTION NO. 2: Motion by Commissioner Steinberg to draft legislation at Land Use & Development Committee and refer to the Planning Board, seconded by Commissioner Grieco; Voice-vote: 6-0. Absent: Mayor Levine. Raul J. Aguila, City Attorney, explained that Commissioner Grieco recused himself from the item’s first reading, but he has since then divested himself from the relationship that created the conflict of interest. At this point, Commissioner Grieco no longer has a conflict of interest in regards to this item, and City Attorney Aguila would be filing a memorandum with the Office of the City Clerk to that effect. Thomas Mooney, Planning Department Director, introduced the item, which was approved on first reading at the October 19, 2016 City Commission meeting. Bruce Bachman, representing the Sunset Harbour Neighbors Association, asked Mr. Mooney whether their neighborhood would be the only zone to allow medical marijuana facilities since it has industrial zoning. Mr. Mooney replied that it depends on zoning districts deemed acceptable for sale or dispensing. This needs to be further discussed at Land Use & Development Committee. Frank Del Vecchio asked whether currently licensed pharmacies could be a dispensing facility within the meaning of this Ordinance. Eve Boutsis, Deputy City Attorney, replied that given the discussions with the Police Chief, the answer is no. City Attorney Aguila added that the City has identified, as one of its legislative priorities, the ability to regulate marijuana dispensaries, and that would be monitored in the upcoming sessions. He added that the City would prepare its own Ordinance to regulate dispensaries, travelling in a concurrent path with what the State regulates. Discussion continued. Commissioner Grieco explained that he did not have an opportunity to speak at the first reading of this item, but he believes the City Commission is not listening to the will of 79% of the residents of Miami Beach. The commentary he has so far heard wants to limit medical marijuana dispensaries to Hospital Districts. He is very concerned that the moratoriums will go beyond the 60 days the State is implementing. This needs to be further discussed at the Land Use & Development Committee. The wheel does not need to be reinvented. Several states have had medical marijuana for years, and in fact, many states have recreational marijuana. The City needs to look at what the municipalities in those states have done. He asked the City Commission not to approve the moratorium for longer than two months. Page 27 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Commissioner Rosen Gonzalez stated that she believes there has been an increase in crime since marijuana was decriminalized. She does not want marijuana dispensaries to be freely established in the City, because it attracts a crime element. Commissioner Arriola asked Police Chief Oates to inform the City Commission about his own experience on the matter. Police Chief Oates stated that he was in Colorado with the transition from medical to recreational marijuana. As a body, the City needs as much control as the State will allow, such as licensing, hours of operation, fees, zoning, signage, etc. All of this needs to be worked out. Chief Oates recognizes the will of the people, but given his personal experience, all of these things take time to be resolved, and it will rely heavily on legislation from the City and the Department of Health. Commissioner Alemán has been looking at the Ordinance proposed by another municipality and asked the Miami Beach Police Department and the Code Enforcement Department to provide feedback. She also asked the Planning Department to look at zones, and find the most appropriate places for such dispensaries. She suggested having the item go to the Land Use & Development Committee for discussion on appropriate locations. Vice-Mayor Malakoff asked the Office of the City Attorney if the moratorium is lifted after six months. City Attorney Aguila stated that the City Commission could either extend or repeal the moratorium via Ordinance. Discussion continued. Commissioner Alemán motioned to amend the Ordinance with a five-month moratorium; seconded by Commissioner Arriola. Commissioner Rosen Gonzalez suggested having the Planning Department to start conversations with hospitals regarding the medical marijuana dispensaries. Commissioner Steinberg suggested doing a dual referral to the Land Use & Development Committee and the Planning Board to move along the process. Motion made by Commissioner Steinberg to draft legislation at the Land Use & Development Committee and refer to the Planning Board; seconded by Commissioner Grieco. Discussion continued. Commissioner Grieco recommended looking at what the County has done. City Attorney Aguila stated that he had instructed the City’s State Lobbyists that one of the legislative priorities the City has is to enact its own regulations when it comes to medical marijuana and dispensaries. Gloria Baez, Chief of Staff for the Office of the Mayor and Commission, added that the legislative priorities are up for review, including medical marijuana, and she will change the language based on what the City Commission decides. Gloria Baez to handle. Page 28 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Handouts or Reference Materials: 1. Ad 1233 published in The Miami Herald 2. Ad 1238 published in The Miami Herald 3. Clerk’s Note Relating to Form 8B, No. 133: Emails between City Attorney Raul Aguila and Commissioner Michael Grieco, wherein Commissioner Grieco informs that he has divested himself of the conflict of interest by virtue of Commissioner Grieco’s client no longer seeking to do business in Miami Beach. City Attorney Aguila opines that Commissioner Grieco is therefore not precluded from discussing and voting on Agenda item R5 A (Second Reading of the Medical Cannabis Moratorium Ordinance) in the November 9, 2016 Commission meeting. Additionally Commissioner Grieco is not precluded from discussing and voting on the proposed regulation of Medical Marijuana Dispensaries Ordinance that is before the Land Use & Development Committee. 10:36:59 a.m. R5 B 41ST STREET CD-1 AND CD-3 DISTRICTS ALCOHOLIC BEVERAGE ESTABLISHMENT REGULATIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 OF THE CITY CODE, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," (1) AT DIVISION 4, "CD-1 COMMERCIAL LOW INTENSITY DISTRICT," SECTION 142-272, "MAIN PERMITTED USES;" SECTION 142-273, "CONDITIONAL USES;" SECTION 142- 274, "ACCESSORY USES;" AND SECTION 142-279 "SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS;" AND (2) AT DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION 142-332, "MAIN PERMITTED USES;" SECTION 142-333, "CONDITIONAL USES;" SECTION 142-334, "ACCESSORY USES;" AND SECTION 142-340, "SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS;" TO AMEND THE HOURS OF OPERATION, LOCATION, AND USE RESTRICTIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS IN THE 41ST STREET CORRIDOR, WHICH IS GENERALLY BOUNDED BY 40TH STREET TO THE SOUTH AND 42ND STREET TO THE NORTH, BETWEEN ALTON ROAD AND INDIAN CREEK; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:05 a.m. Second Reading Public Hearing Planning First Reading on October 19, 2016 - R5 K Commissioner John Elizabeth Alemán ACTION: Ordinance 2016-4052 adopted. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Arriola; Ballot vote: 6-0; Absent: Mayor Levine. Thomas Mooney to handle. Thomas Mooney, Planning Department Director, introduced the item that was approved on first reading on October 19 without amendments. It sets operational standards and requirements for alcoholic beverages along the 41st Street corridor that were similarly adopted for Sunset Harbour and Alton Road. The Administration recommends adoption on second reading. Handouts or Reference Materials: 1. Ad 1234 published in The Miami Herald 2. Ad 1238 published in The Miami Herald Page 29 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 10:39:37 a.m. R5 C CONCURRENCY EXEMPTION — GU & CCC DISTRICTS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, 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. 10:10 a.m. Second Reading Public Hearing Planning Continued from October 19, 2016 - R5 C Commissioner Michael Grieco ACTION: Ordinance 2016-4053 adopted as amended. Public Hearing held. Motion made by Commissioner Grieco to approve with the amendment that waivers are to be approved “by Resolution of the City Commission”; seconded by Commissioner Alemán; Ballot vote: 6- 0; Absent: Mayor Levine. Thomas Mooney to handle. AMENDMENT: Waivers to be approved “by Resolution of the City Commission.” Thomas Mooney, Planning Department Director, introduced the item. Frank Del Vecchio recommended adding a clause on Page 270. This Ordinance exempts concurrency, usually involving the payment of a fee if an activity, facility, or location does not provide required parking. The idea is to allow events at the North Shore Band Shell Outdoor Music Hall for Hire, The Robert W. Shane Watersports Center Hall for Hire, and the Miami Beach Botanical Gardens Center Hall for Hire, not to be burdened by those fees on the reasoning that they are non-profit facilities. To avoid having a blanket waiver, he recommends adding the words: “when waived by vote of the City Commission.” Mr. Mooney stated that there was a similar provision the City Commission included when the City Code was amended a few years back regarding temporary uses in public right-of-ways. The City Commission did not want an exemption to concurrency, so it added the language: “when waived by vote of the City Commission.” Discussion held. Commissioner Alemán expressed her support for this amendment, as she finds it very practical. Commissioner Grieco accepted the friendly amendment, and stated that if it is found to be overly burdensome, they can always remove it. Commissioner Steinberg clarified that the exact language to be added would be “by Resolution of the City Commission.” Handouts or Reference Materials: 1. Ad 1235 published in The Miami Herald 2. Ad 1238 published in The Miami Herald Page 30 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 1:55:38 p.m. R5 D SOUTH OF FIFTH ALCOHOLIC BEVERAGE ESTABLISHMENT OPERATIONAL REGULATIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, 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. 10:15 a.m. Second Reading Public Hearing Planning Continued from October 19, 2016 - R5 F Commissioner Michael Grieco ACTION: Ordinance 2016-4054 adopted. Public Hearing held. Motion made by Commissioner Grieco to go with Option B; seconded by Vice-Mayor Malakoff; Ballot vote: 7- 0. Thomas Mooney to handle. DIRECTION: Go with Option B, which has non-conforming uses. Thomas Mooney, Planning Department Director, introduced the item, which was passed on first reading in July. At first reading, there were concerns expressed regarding the closed language in Option A that created legal conforming uses. The City Commission instructed the Administration to draft a different option, which resulted in Option B. This option is a more standard legal non-conforming avenue. There is an additional Option C that includes exceptional language. There are no changes of substance to the Ordinance. The only real issue is which one of the non-conforming avenues the City Commission wants to take. Raul Aguila, City Attorney, stated that in response to the City Commission’s adoption of Option A over the summer, and pursuant to the City Commission’s direction, the Office of the City Attorney drafted Option B, which they believe is the Ordinance the City Commission requested. Option B has an additional component, while it will continue to treat these properties as non-conforming uses, there is also a companion item in the Land Use & Development Committee that would seek to extend the period of time that a non-conforming use could be discontinued so it effectively goes away. However, the Sponsor of this item is proposing Option C. Commissioner Grieco stated that as the Sponsor of the item, he urged the City Commission to go with Option B. Handouts or Reference Materials: 1. Ad 1236 published in The Miami Herald 2. Ad 1238 published in The Miami Herald Page 31 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 10:46:42 a.m. R5 E AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE MIAMI BEACH CITY CODE, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE II, ENTITLED "CARE AND MAINTENANCE OF TREES AND PLANTS," BY AMENDING DIVISION 2, ENTITLED "TREE PRESERVATION AND PROTECTION"; BY AMENDING THE DEFINITIONS IN SECTION 4656, BY AMENDING THE PROVISIONS IN SECTION 46-58 REGARDING TREE REMOVAL REQUIREMENTS, BY AMENDING THE PROVISIONS IN SECTION 46- 59 TO PROVIDE AN APPEAL PROCEDURE FOR TREE WORK PERMIT DENIALS, BY AMENDING PROVISIONS IN SECTION 46-61 REGARDING THE REPLACEMENT OF REMOVED PROHIBITED SPECIES AND THE CITY'S TREE PRESERVATION TRUST FUND, BY AMENDING TREE PROTECTION SPECIFICATIONS, TREE PRUNING REGULATIONS, AND THE EXCEPTIONS IN SECTION 46-62, BY AMENDING REGULATIONS REGARDING HERITAGE TREES IN SECTION 46-63, BY AMENDING PROVISIONS REGARDING ENFORCEMENT AND PENALTIES IN SECTION 46-67, AND BY REPLACING ALL REFERENCES TO THE PUBLIC WORKS DEPARTMENT, OR DIRECTOR, THROUGHOUT DIVISION 2 WITH ENVIRONMENT AND SUSTAINABILITY DEPARTMENT, OR DIRECTOR, OR HIS OR HER DESIGNEE, THE URBAN FORESTER, AS MORE SPECIFICALLY SET FORTH THEREIN; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. 10:20 a.m. Second Reading Public Hearing Environment and Sustainability Continued from October 19, 2016 - R5 Q Vice-Mayor Joy Malakoff and Commissioner John Elizabeth Alemán ACTION: Ordinance 2016-4055 adopted. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Rosen Gonzalez; Ballot vote: 6-0; Absent: Mayor Levine. Elizabeth Wheaton to handle. Elizabeth Wheaton, Environment and Sustainability Director, introduced the item. This Ordinance was amended to reflect some of the challenges the City has experienced since it took over the tree preservation program from Miami-Dade County. She explained the following changes: (1) Modify Tree Code to address lack of replacement canopy requirement or tree removal work permit being required for three (3) Ficus species. Miami Dade County considers these Ficus as non-natives and does not require a permit for removal or any mitigation. Mature Ficus trees are prevalent in many City neighborhoods and loss of these specimen size trees would represent a net loss of tree canopy from Miami Beach. In order to offset this canopy loss, language was added requiring Specimen tree level canopy replacement for removal of any of the following species with a DBH (diameter breast height) of 20” or greater: ficus altissima, ficus benghalensis, and ficus microcarpa. (2) Modify current Tree Code to include an appeals process for denied tree removal applications. The current City Tree Code does not contain any provisions for appeal of a denied tree removal permit. An appeals process has been added for denied tree removal permit applications; with the City Urban Forester or Environment and Sustainability Director possessing final authority. (3) Revise the Tree Preservation Trust Fund Contribution rates. The current Tree Trust Fund rate language was adopted from Miami Dade County Code. These rates are too low to cover the costs for installation of new canopy trees. The tree trust fund Page 32 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach contribution chart was eliminated and replaced with language allowing the tree trust fund contribution rate to be set by a Resolution of the City Commission. This will add much needed flexibility as labor, supply, installation and delivery costs for tree installations can fluctuate rapidly. Vice-Mayor Malakoff thanked Ms. Wheaton, and stated that the City has planted 2,758 mitigation trees. The goal is not simply to preserve the canopy, but to expand it. Commissioner Alemán and Commissioner Rosen Gonzalez applauded Vice-Mayor Malakoff’s efforts in preserving canopy trees. Handouts or Reference Materials: 1. Ad 1238 published in The Miami Herald 10:52:43 a.m. R5 F AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "TAXATION," BY AMENDING ARTICLE V, ENTITLED "LOCAL BUSINESS TAX," BY AMENDING SECTION 102-379, "SCHEDULE OF TAXES," BY CREATING THE BUSINESS TAX CATEGORY OF "SHORT TERM RENTALS," AND UPDATING THE "SCHEDULE OF TAXES;" PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:25 a.m. Second Reading Public Hearing Finance First Reading on October 19, 2016 - R5 V Commissioners John Elizabeth Alemán and Michael Grieco ACTION: Ordinance 2016-4056 adopted. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Grieco; Ballot vote: 6-0; Absent: Mayor Levine. Allison Williams to handle. Allison Williams, Chief Financial Officer, stated that due to the increase in the number of businesses and residences interested in engaging in short-term rentals, the Administration is asking for the creation of a new Short-term Rental Code. Commissioner Alemán is supportive of this. It is a key enabler of work that City staff has been working on to improve the website to include tools for landlords to find good rental tenants. It will allow people to look-up if a tenant applicant has a history of short-term rental violations. Commissioner Grieco stated this is a well-drafted legislation, and the City is finally catching up with what has been going on in Miami Beach concerning short-term rentals. City staffers have been working with Airbnb to work on a short-term rental map that could be used by all. Discussion continued. Aleksandr Boksner, Chief Deputy City Attorney, clarified that this Ordinance deals with the creation of category and increase in schedule for the monetary component. Stanley Shapiro asked if there is a list of short-term rental buildings available. Page 33 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Commissioner Grieco explained that there are no purely short-term rental buildings, but in fact, it is a unit-by-unit and zone by zone map. Vice-Mayor Malakoff explained that the map is currently being developed. Handouts or Reference Materials: 1. Ad 1238 published in The Miami Herald 10:58:45 a.m. R5 G AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "TAXATION," BY AMENDING ARTICLE V, ENTITLED "LOCAL BUSINESS TAX," BY AMENDING SECTION 102-377 THEREOF ENTITLED "PENALTIES, ENFORCEMENT; COLLECTION OF DELINQUENT FEES AND TAXES, AND CRIMINAL PENALTIES," BY ESTABLISHING A MODIFIED PENALTY AND ENFORCEMENT PROVISION WHICH DELINEATES MONETARY FINES AND CRIMINAL PENALTIES; 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 AN 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 WITH THOSE PROVISIONS SET FORTH WITHIN CHAPTER 102, THE AMERICAN DISABILITIES ACT, THE FLORIDA FIRE PREVENTION CODE AND THE FLORIDA BUILDING CODE; AND BY FURTHER REQUIRING WRITTEN AUTHORIZATION FROM CONDOMINIUM ASSOCIATION FOR THE TRANSIENT RENTAL OR OCCUPANCY OF THE RESIDENTIAL PROPERTY OR UNIT; 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. 10:30 a.m. Second Reading Public Hearing Office of the City Attorney First Reading on October 19, 2016 - R5 W Vice-Mayor Joy Malakoff & Commissioner John Elizabeth Alemán & Co-Sponsored by Commissioner Michael Grieco ACTION: Ordinance not adopted. Public Hearing held. Item referred to the LUDC and opened and continued to December 14, 2016. MOTION NO. 1: Motion made by Commissioner Grieco to open and continue the item until December 14, 2016 Commission Meeting; seconded by Commissioner Alemán; Ballot vote: 6-0; Absent: Mayor Levine. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Office of the City Attorney to handle. Page 34 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach MOTION NO. 2 TO REFER TO THE LAND USE AND DEVELOPMENT COMMITTEE (LUDC): Motion made by Commissioner Alemán; seconded by Commissioner Rosen Gonzalez to refer to LUDC to discuss proposed changes from Airbnb and explore any policy issues. Voice vote: 6-0; Absent: Mayor Levine. Thomas Mooney to place on Committee Agenda. Office of the City Attorney to handle. Brian May, representing Airbnb, explained that on Monday an email was sent to City staff, stating Airbnb’s position in regards to this legislation. He pointed out that Airbnb understands the needs of the City when it comes to short-term rentals. While the provisions providing for an Affidavit and some of the requirements that are on this legislation would not be looked at favorable by Airbnb, the company has decided to work within the framework that has been drafted in the City, but offers amendments. Airbnb believes its recommendations would make compliance more effective, and in the long term would serve the City, the host and the community better. One issue is the idea of the Affidavit, which would trigger the requirement to have a public notary notarize the Affidavit. In light of that, Airbnb would like to change the Affidavit to a Registration Affirmation Form, where all requirements are still expected of the host, and submitted to the City, but not as a sworn Affidavit. Additionally, one of the key elements is that each company would be able to work with the City to provide the Registration Affirmation Form, apply for the BTR license and the Resort Tax license digitally, in order for them to facilitate that through hosts coming on to the platform and register to be advertising on the Airbnb platform. They have done this through a Memorandum of Understanding (MOU) with other municipalities and would like to pursue that with the City of Miami Beach, and make the compliance process easier. The other provision is to have one additional penalty as part of the process; which is if someone is a bad host, or a violator of the Ordinance, that there be a “Three Strike Rule” to enforce, so that individuals could be banned from actually having short-term rentals, and actually be banned from being on the platform for a year from the time of the violation. He encouraged, in regards to condominium buildings, that they allow condominium buildings, if they wish so, to put forth a form to the City indicating whether or not they allow short-term rentals or not, as part of their condo association documents. He encouraged the City Commission to adopt these amendments. Raul J. Aguila, City Attorney, explained that this Ordinance has been in the works for over a month. The City has not refused to work with Airbnb, and he appreciates them coming with amendments. Unfortunately, what troubles him is that they just received these proposed amendments last night, and some of Airbnb’s proposed amendments he would like to discuss with the attorneys in his Office. There are other issues that were discussed on first reading of the Ordinance, such as doing the Affidavit or Affirmation, whatever is decided upon, and he wants to make this easier and user friendly. City Attorney Aguila reiterated that he has not had the time to thoroughly look at the other proposed amendments and consider their impact to the City. Commissioner Alemán, as one of the sponsors of the Ordinance, suggested having the Office of the City Attorney review the amendments carefully to make sure that there are no collateral damage as to the efficacy of what they are trying to do. If they find that a condominium board is making an assertion, it needs to be a legally important assertion. She requested moving forward with it as is, and then make changes after Legal review. She offered one edit on Section 102-386, Item B. Notwithstanding the requirements… The advertisement of the residential unit by the property owner must include a disclaimer that the unit(s) is/are not affiliated with the primary hotel operation at the property, and are not entitled to those benefits and amenities that maybe offered by the primary hotel operator. Page 35 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach She requested providing contact information within the disclaimer, in case there are any issues. Vice-Mayor Malakoff agreed to this change. Discussion held. Aleksandr Boksner, Deputy City Attorney, in answering City Attorney Aguila’s question, explained that he reviewed the proposed amendments submitted by Airbnb, and most of the changes are additional provisions that would force the Ordinance to be reset for first reading; but more importantly, the City Commission discussed some of the things identified during first reading, such as relinquishing of rights, determining who receives a BTR, and the Resort Tax account component right would be relinquished. He believes it was made abundantly clear that no one in this City Commission wants to relinquish that legal authority or right to a third party. Discussion held. Commissioner Rosen Gonzalez proposed deferring the item to the next Commission Meeting. Vice-Mayor Malakoff agreed, as co-sponsor of the item, and recommended that the Office of the City Attorney review the amendments carefully. She is in favor of Three Strikes You’re Out, but she is not in agreement with other changes on second reading. Commissioner Steinberg suggested referring the item to the Land Use and Development Committee (LUDC) between now and December. City Attorney Aguila added that these proposed amendments could be addressed between Deputy City Attorney Boksner, himself and Mr. May without having to refer the item to LUDC. Discussion held regarding opening and continuing the item. Michael Llorente, representing The Fontainebleau, stated they have not had an opportunity to review the amendments as proposed by Airbnb, and expressed that most of the proposed changes are policy issues. Some of the proposals proffer include removing the Affidavit and replacing it with the Registration Affirmation Form; removing the penalty of perjury, the requirement to obtain a written authorization from a condo association, if operating a short- term rental in a condo building; removing any mention of condo hotel from the Affidavit or Registration Affirmation Form; removing the requirement of disclosure of no affiliation with a hotel from the Affidavit or Affirmation form. Additionally, the fine schedule is proposed to be amended from $5,000 the highest, to $3,000. The appeal period to appeal citations is being proposed to be increased from 10 to 15 days, and most troubling for them is that they are essentially allowing the industry to control and manage the regulatory process, by accepting and processing through their platforms BTRs, Resort Tax applications and all other documents. These significant changes were discussed during first reading and rejected by the City Commission. Mr. Llorente believes the City should maintain control of the regulatory process and not outsource it to the industry. Mr. Llorente respectfully urged the City Commission to move forward with the legislation as drafted, and as it has been moving through the process. If there is a need for changes going forward, those amendments could be made at a future time as the City Commission sees fit. Page 36 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Commissioner Rosen Gonzalez agreed to defer the item for a month and have the Office of the City Attorney review the proposed amendments. Commissioner Alemán is interested in exploring the question Commissioner Steinberg raised, as to whether it makes sense to discuss some of these issues at LUDC, such as the policy recommendations that Airbnb made and bring the LUDC recommendations back on second reading. Vice-Mayor Malakoff thinks the proposed amendments by Airbnb should be discussed by the Office of the City Attorney and not at LUDC, but she will support a referral if there is consensus. Monica Entin, representing South Beach Group, stated that she represents property owners that do legal short-term rentals, and do not use Airbnb. Her clients have not had an opportunity to review these revisions, and while most of them may be legal, a great deal of them could be policy that could affect not just the property owners that use Airbnb, but all the other property owners. Ms. Entin thinks the changes should be analyzed by affected property owners. She asked that the City Commission refer the item to LUDC and have the second reading in January, to have residents participate in the conversation. City Attorney Aguila recommended bringing it back to the December 14, 2016 Commission Meeting. Discussion continued regarding referral to LUDC. Deputy City Attorney Boksner does not think the item should go to LUDC, but this is a policy call by the City Commission. City Attorney Aguila clarified that the referral to LUDC is a policy call. He reiterated that the email was just received with proposed amendments, and there may be some amendments that as a policy matter the City Commission may find objectionable. He suggested bringing the item back in December. Commissioner Steinberg does not know if she will agree to any of the amendments proposed, but if the item is being deferred until December, she recommended discussing these suggestions and make recommendations to the full Commission at that time. From a policy perspective, the City Commission should vet the amendments with guidance from the Office of the City Attorney. Matis Cohen stated that he has not seen these amendments, and added that the rules have to be the same for everyone. The amendments have commercial and operational ramifications and that concerns him. He recommended, in regards to the amendments, to look at the impact that they have, and he thinks that at the LUDC they will have that opportunity. Discussion continued. Frank Del Vecchio suggested having Airbnb submit the amendments as an addendum so the condominium association members can review. Page 37 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach City Attorney Aguila stated that Airbnb has submitted to the City Commission a letter with their comments redlined, and this is a public record. All public records could be requested from the City Clerk. Frank Del Vecchio spoke. Rafael E. Granado, City Clerk, stated that he would have the proposed amendments from Airbnb available online. Brian May does not object to referring the item to LUDC. In answering Vice-Mayor Malakoff’s question, Mr. Mooney added that they will add the item as a verbal update at LUDC, and if there is any backup requested as an Addendum, they can do that. Aleksandr Boksner to handle. Commissioner Alemán stated that she is encouraged in having Airbnb willing to work with the City, but the City Commission is committed to the quality of life of residents, and they are not the only provider. Handouts or Reference Materials: 1. Ad 1238 published in The Miami Herald 2. Letter from Airbnb from Tom Martinelli, Public Policy, dated November 7, 2016 RE: Item R5 G – Local Business Taxes Receipt & Regulations of Short Term Rentals, with attached Ordinance amendments highlighted in red. 2:10:19 p.m. R5 H AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82-503 THEREOF, ENTITLED "NAMING OF PUBLIC FACILITIES; CO-NAMING AND RE-NAMING OF STREETS," BY AMENDING SUBSECTIONS (C)(1)(A) AND (C) (2)(A) TO PROVIDE ADDITIONAL CRITERIA AND PROCEDURES FOR THE CO-NAMING OF STREETS, PROVIDING SUNSET PROVISIONS THEREFORE, AND CORRECTING MINOR SCRIVENER'S ERRORS IN SUBSECTIONS (C)(1) AND (C)(2); PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:35 a.m. Second Reading Public Hearing Transportation First Reading on October 19, 2016 - R5 X Mayor Philip Levine ACTION: Ordinance 2016-4057 adopted. See related Item R7 R. Public Hearing held. Motion made by Vice-Mayor Malakoff; seconded by Commissioner Alemán; Ballot vote: 7-0. Jose Gonzalez to handle. Handouts or Reference Materials: 1. Ad 1238 published in The Miami Herald Page 38 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 2:17:12 p.m. R5 I CHAPTER 6 - ALCOHOLIC BEVERAGES: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-3 THEREOF, ENTITLED "HOURS OF SALE," TO PROHIBIT PACKAGE LIQUOR SALES AT RETAIL STORES (INCLUDING PACKAGE, GROCERY, CONVENIENCE, AND ANY OTHER RETAIL STORES, AS WELL AS GASOLINE STATIONS/SERVICE STATIONS) AND ALCOHOLIC BEVERAGE ESTABLISHMENTS BEFORE 10:00 A.M. EACH DAY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 10:40 a.m. Second Reading Public Hearing Housing and Community Services First Reading on October 19, 2016 - R5 AB Vice-Mayor Joy Malakoff Co-Sponsored by Commissioner Michael Grieco ACTION: Ordinance 2016-4058 adopted. Public Hearing held. Motion made by Commissioner Grieco; seconded by Vice-Mayor Malakoff; Ballot vote: 5-2; Opposed: Commissioners Alemán and Rosen Gonzalez. Hernan Cardeno and Chief Oates to handle. DIRECTION: Bring back to Commission Agenda in six months (May 2017) Hernan Cardeno and Police Chief Oates to handle. Raul J. Aguila, City Attorney, announced that a proposed amendment to this Ordinance is being distributed for consideration. Maria Ruiz, Housing and Community Services Director, explained that the intent of the Ordinance, as originally presented, is to help address those homeless that are on the street drinking early in the morning, and therefore, are not engaged and continue to be problematic. By pushing the sale of alcohol back by two hours, the presumption is to have additional time to try to convince the homeless to accept the services. Valerie Navarrete, Chair, Homeless Committee, stated that this legislation is drafted in order to minimize the visual of the inebriated homeless population, especially where schoolchildren are being dropped off by parents. Commissioner Rosen Gonzalez understands the theory behind the Ordinance, but would like to exempt grocery stores, Publix, Whole Foods and any other large grocery stores, since they do not want to ban alcohol from 8:00 a.m. until 10:00 a.m., it is inconvenient and she believes the public should be able to buy alcohol. She proposed a definition for a grocery store and hopefully this will allow liquor sale to continue in grocery stores. She suggested speaking to large grocery stores to encourage them to stop the sale of single servings. Mayor Levine asked if there is a way to have a certain square footage size limit in stores associated with the prohibition of sales. Raul J. Aguila, City Attorney, stated that legally, they have to have a uniformed definition for grocery stores, and to distinguish between grocery stores by size, could potentially raise legal challenges to the Ordinance. The proposed definition for grocery store in front of this Page 39 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach City Commission, would exempt not only large supermarkets Citywide, but also the small grocery stores as well. Commissioner Steinberg stated that if they are unable to define grocery store in a way that it will make everyone comfortable for that exemption, perhaps they can encouraged grocery stores not to sell single cans of alcohol if they want to be part of the exemption. Vice-Mayor Malakoff stated that if grocery stores agree, such as Walgreens did, not to sell single cans of beer or mini bottles of alcohol between 8:00 a.m. and 10:00 a.m. in the morning, then they would be exempt from this Ordinance. Discussion held. Commissioner Grieco stated that this would be completely unenforceable. This is a good Ordinance, it makes sense, and he thinks it is consistent with solving an actual problem. This was vetted with the Miami Beach Police Department and Committee. He has not heard complaints about buying or not buying alcohol at 9:00 a.m., but he does receive complaints concerned with the homeless activity and the ability of the City Commission to address the drunkenness in early morning hours that surrounds the homeless community, especially in the entertainment industry. This is a way to curtail that. At the Neighborhood and Community Affairs Committee (NCAC), Captain Robinson showed photos of people lining up at 8:00 a.m. ready to buy alcohol. Efforts are being taken to take back our streets and address crime and homelessness, and Commissioner Grieco thinks this is a good step in the right direction. Discussion held. Valerie Navarrete spoke. Mayor Levine agrees with what his colleague is saying, but is not sure if they should ban supermarkets Citywide from selling alcohol in the early morning; however, he asked if there is a way to narrow this ban down to certain entertainment areas where the biggest issues are present from 8:00 a.m. to 10:00 a.m. City Attorney Aguila asked if he meant banning grocery stores from selling alcohol beverages by zone from 8:00 a.m. to 10:00 a.m. If that is the preference of the City Commission, he asked that they allow him to research. Commissioner Grieco stated that this is Vice-Mayor Malakoff’s item, but he will request to be added as a co-sponsor. After speaking to all involved, the concern is that if applied to the Entertainment District, the homeless will try to buy alcohol in residential areas or somewhere else nearby. Many of the homeless go back and forth from the causeway, and this is a humanitarian issue. Commissioner Grieco suggested revisiting the progress in two months and see what the data is. Miami Beach is a magnet for everything, including homeless. Discussion continued. Commissioner Steinberg is supportive of the effort; it has to be done Citywide. Her question is regarding the hours, and asked how they arrived at the 8:00 a.m. to 10:00 a.m. hour. Ms. Ruiz stated that there is no data related to that; however, this is the period where more arrests are done. Page 40 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Police Chief Daniel Oates stated that Captain Robinson recommended the hours, as he knows the problem in South Beach, and when people line up to buy alcohol. Commissioner Rosen Gonzalez does not understand how this will reduce homeless population and they do not even have data. This decision infringes on the resident’s rights. Miami Beach is a tourist destination and she feels the Commission is creating such an over regulated Code, that the Administration will not be able to enforce it. The homeless problem will not be solved. She understands the idea of banning single sale of cans in package stores, but to do an alcohol ban in a tourist destination, does not seem efficient. She is not in support and thinks the City would be losing a great deal of revenue from this Ordinance. Commissioner Alemán agrees wholeheartedly with her colleague, as there is no evidence that this addresses any root cause issue with the homeless population; however, it affects the residents negatively; she will not vote in favor. Commissioner Arriola supports Commissioner Rosen Gonzalez exempting grocery stores. Brian May, representing Publix, stated that they would like to see some exemption, even if they were to defer to the City Attorney in terms of drafting. On behalf of Publix, they are certainly willing not to sell voluntarily single serving size beer or wine before 10:00 a.m. Mayor Levine asked if there is a way to draft this amendment in a way that they accomplish what they want. Raul J. Aguila, City Attorney, explained that there is no record to support the idea that a large grocery store should be treated differently than a small grocery store. They specifically defined grocery store, but there are smaller bodegas that are not convenience stores. The definition of grocery store is a store where the majority of the floor area is dedicated to the sale of packaged or perishable foods and beverage products for home preparation and consumption, which can also offer other home care household goods and personal care products, and which would substantially be larger and carry a broader range of merchandise than convenience stores. The prohibition would extend to convenience stores, but the exemption that would exclude grocery stores, would exempt Publix, but would also exempt a bodega that does not have the square footage of a Publix. Discussion held. Vice-Mayor Malakoff thinks this Ordinance could be adopted exempting grocery stores, and with the exemption of any store, large or small, that voluntarily proffers not to sell single cans of wine or whisky. Discussion continued. Commissioner Steinberg is in support of the Ordinance as is, since a benchmark is in place to come back to City Commission for review in six months, in order to understand the impact. Stanley Shapiro spoke. Handouts or Reference Materials: 1. Ad 1239 published in The Miami Herald 2. Proposed amendment to Ordinance distributed Page 41 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 11:27:57 a.m. R5 J AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, 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 QUALIFYING INCUMBENTS IN THE CLASSIFICATIONS IN GROUP I, REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, (AFSCME), LOCAL NO. 1554, AS FOLLOWS: 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 SALARY 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 SALARY 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 SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); ADDING RECREATION ATTENDANT CLASSIFICATION INTO BARGAINING UNIT; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION. 10:45 a.m. Second Reading Public Hearing Human Resources First Reading on October 26, 2016 - R5 B Mayor Philip Levine ACTION: Ordinance 2016-4059 adopted. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Steinberg; Ballot vote: 6-0; Absent: Mayor Levine. Michael Smith to handle. Michael Smith, Human Resources Director, introduced the item. This is the second reading of the Classified Salary Ordinance, which implements the changes ratified at the Collective Bargaining Agreement with AFSCME, which contract was approved at the last Commission Meeting. Handouts or Reference Materials: 1. Ad 1239 published in The Miami Herald Page 42 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 12:00:07 a.m. R5 K AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE MIAMI BEACH CITY CODE, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING DIVISION I, ENTITLED "GENERALLY," BY AMENDING SECTION 106-46, ENTITLED "INDIVIDUAL PARKING SPACE; METHOD OF PARKING"; BY CREATING SUBSECTION (C), SCOOTER, MOPED, MOTORCYCLE DESIGNATED PARKING SPACES AND PROHIBITIONS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. 11:20 a.m. Second Reading Public Hearing Parking First Reading on October 27, 2016 - R5 A Commissioner John Elizabeth Alemán ACTION: Ordinance 2016-4060 adopted. Public Hearing held. Motion made by Commissioner Alemán; seconded by Commissioner Steinberg; Ballot vote: 6-0; Absent: Mayor Levine. Saul Frances to handle. Saul Frances, Parking Department Director, introduced the item. He added that as an update, requests were received from Byron and Carlyle Avenues between 72nd and 75th, and they will proceed with those this week. Matis Cohen asked how does this work with the Master Plan, the plan for mobility and the discussion and planning of changing of 72nd Street. The decisions this City Commission is making do not coincide with the Master Plan, Vice-Mayor Malakoff explained that the Master Plan showed that there is a need for more parking spaces, and that is what this is accomplishing. Discussion continued. Commissioner Steinberg clarified that this has been something positive in North Beach and applauded efforts in alleviating the existing situation. This is to provide penalty for those people that are parking their scooters or motorcycles as a mechanism to save the spot for another vehicle. It is a way to try to create more parking in an area deficient in parking. Discussion held. Commissioner Rosen Gonzalez thanked her colleagues for a proactive, positive legislation and congratulated everyone on a great job. Commissioner Alemán recognized Mr. Frances for coming up with an excellent plan, and executing the plan flawlessly. She has also received request from neighborhoods to expand this program. Commissioner Alemán congratulated Mr. Frances and his team for a job well done. Handouts or Reference Materials: 1. Ad 1239 published in The Miami Herald 2, Ad 1241 A published in The Miami Herald Page 43 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 5:04:43 p.m. R5 L COLLINS PARK ARTS DISTRICT OVERLAY: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE III, "OVERLAY DISTRICTS," DIVISION 7, "CULTURAL ARTS NEIGHBORHOOD DISTRICT OVERLAY (CANDO)," BY RENAMING THE DISTRICT AS THE "COLLINS PARK ARTS DISTRICT OVERLAY," REDUCING THE BOUNDARIES OF THE OVERLAY DISTRICT, PERMITTING OUTDOOR ENTERTAINMENT ESTABLISHMENTS AS A MAIN PERMITTED USE WITHIN AREAS WITH AN UNDERLYING CD-2 "COMMERCIAL, MEDIUM INTENSITY DISTRICT" AND CD-3 "COMMERCIAL, HIGH INTENSITY DISTRICT" ZONING DESIGNATION, PERMITTING RESTAURANTS, SIDEWALK CAFES, AND OUTDOOR ENTERTAINMENT AS ACCESSORY USES FOR HOTELS WITHIN AREAS WITH AN UNDERLYING RM-2, "RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY' ZONING DESIGNATION, AND REMOVING REGULATIONS FOR MINIMUM AND AVERAGE UNIT SIZE AND MIXED USE FLOOR AREA RATIO (FAR) INCENTIVES; AMENDING CHAPTER 122 OF THE CITY CODE, ENTITLED "CONCURRENCY MANAGEMENT," AUTHORIZING THE CITY COMMISSION TO EXEMPT TEMPORARY USES IN THE PUBLIC RIGHT OF WAY IN THE COLLINS PARK ARTS DISTRICT OVERLAY FROM CONCURRENCY REQUIREMENTS BY RESOLUTION; AMENDING CHAPTER 82 OF THE CITY CODE, "PUBLIC PROPERTY," ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY;" DIVISION 5, "SIDEWALK CAFES," SUBDIVISION II, ENTITLED "PERMIT," EXEMPTING SIDEWALK CAFES LOCATED IN THE COLLINS PARK ARTS DISTRICT OVERLAY FROM SQUARE FOOTAGE SIDEWALK CAFE FEES; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE. 5:01 p.m. Second Reading Public Hearing Planning First Reading on October 19, 2016 - R5 P Commissioner Ricky Arriola ACTION: Ordinance 2016-4061 adopted as amended. Public Hearing held. Motion made by Commissioner Arriola; seconded by Commissioner Rosen Gonzalez; Ballot vote: 7-0. Thomas Mooney to handle. AMENDMENTS: Add Section excluding rooftops and requiring Planning Board Conditional Use Approval for Outdoor Entertainment. Michael Belush, Planning and Zoning Manager, stated that no changes had been made between first and second reading. Kent Harrison Robbins, representing the Setai Hotel Condominium, Abbey Hotels, as well as The Roney, stated that he is registered as a lobbyist to speak on The Roney, but he is not speaking on the other two hotels, although he must disclose, as they are impacted by this legislation. He presented a poster board that showed the neighborhood in the CANDO District. Mr. Robbins explained that the change in usage by removing a requirement of a Conditional Use review substantially affects this neighborhood. Within several feet of The Setai, they identified all the Conditional Use permits and beverage establishments, and they found that there were 36 Conditional Use permits allowing entertainment as well as alcoholic beverages and bars. They already have a condition that during peak hours this place can get out of control. Recently it has not been too bad, but the sidewalks fill up after 11:00 p.m. or 12:00 midnight; it gets louder and louder. This Ordinance proposes to allow as accessory uses, the CD-3 District, as well as the CD-2 District, which is to expand outdoor Page 44 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach entertainment and allow outdoor entertainment as an accessory use, rather than as a Conditional Use. Limited outdoor entertainment would be allowed from 10:00 a.m. until 10:00 p.m. and on weekends until midnight. It also allows outdoor entertainment, which can include rooftop facilities in this District; so instead of having to get a Conditional Use permit for the rooftop facility, you can do it as a matter of right. What this is going to do is to have noise coming off these rooftops as well as from the sidewalks in this entire area, which will affect the residents in the area, The Roney and The Setai. They are concerned that this place is already overridden with entertainment. The stated purpose is to encourage further entertainment related uses through different measures. They are already overloaded in the area and propose that the City remove the outdoor entertainment provision of this Ordinance, and strike that and also prohibit rooftop entertainment, unless it goes to the Planning Board for review. All proposed outdoor entertainment of any nature would have to go to the Planning Board for review to avoid the concentration of uses. The Ordinance needs to protect the residents and neighborhoods. Ray Breslin is in favor of removing rooftops and he appreciates Commissioner Arriola bringing this forward. Mayor Levine stated that there is consensus to not having rooftop entertainment. Commissioner Arriola stated that he has spent a great deal of time in the area; it is a charming and exciting neighborhood. Discussion continued. Vice-Mayor Malakoff clarified that the type of entertainment is limited to non-amplified string instruments, solo vocalists, etc., but it is not for loud music. Mayor Levine summarized that the consensus is to 1) not allow rooftop entertainment and 2) outdoor entertainment shall require Planning Board approval. Eve Boutsis, Chief Deputy City Attorney, stated that they would add a Section that it does not apply to rooftops. Discussion continued. Mr. Robbins added that in the CD-2, CD-3 limit is not just 30-seat sidewalk café, it also allows 3,000 square foot restaurant, which is a lot more than 30 seats. There would be additional outdoor areas that may be problematic. Raul J. Aguila, City Attorney, asked if the Office of the City Attorney had the proposed changes. Eve Boutsis, Chief Deputy City Attorney, stated that the one proposed change is to exclude rooftops, and they do not object to that; however, the RM-2 is with the 3,000 square feet and is not a CD-2 or CD-3. Mr. Robbins stated this is a residential area and it will affect other people that have apartments in the area. They need to have a process, and if Planning Board approves, then the City is protected. Page 45 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Commissioner Arriola added that this is coming from the residents. Discussion continued. Handouts or Reference Materials: 1. Ad 1237 published in The Miami Herald 2. Ad 1239 published in The Miami Herald 3. Color coded map submitted by Kent Harrison Robbins showing affected buildings 4. Collins Corridor N.I.E.’s Additional Venues and Parking CUPs July 2015 2:49:13 p.m. R5 M OFF-STREET PARKING REGULATIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 130, "OFF- STREET PARKING," ARTICLE V, "FEE IN LIEU OF PARKING PROGRAM," BY AMENDING AND CLARIFYING STANDARDS AND PROCEDURES FOR OFF-STREET PARKING REQUIREMENTS, AND PROVIDING THAT NO FEE IN LIEU OF PARKING SHALL BE REQUIRED TO REMOVE EXISTING PARKING SPACES IN A HISTORIC DISTRICT, IF A REDUCTION IN THE INTENSITY OF USES RESULTS IN A SURPLUS OF PARKING SPACES; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. First Reading Planning Commissioner Michael Grieco ACTION: Ordinance adopted on first reading. Motion made by Commissioner Grieco; seconded by Vice-Mayor Malakoff to approve the Ordinance; Ballot vote: 5-2; Opposed: Commissioners Rosen Gonzalez and Steinberg. Second Reading, Public Reading scheduled for December 14, 2016. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to handle. MOTION ACCEPTING THE LUDC RECOMMENDATION: Pursuant to Section 2-13 of the Code, a motion was made accepting the Land Use and Development Committee’s (LUDC) recommendation of this Ordinance by Commissioner Alemán, seconded by Vice-Mayor Malakoff; Voice vote: 7-0. Commissioner Grieco reminded everyone that this item was separated from a much larger reworking of the parking Ordinance, which had several changes. This piece was removed and referred to LUDC for Vice-Mayor Malakoff to familiarize herself with the item. Vice-Mayor Malakoff explained that this incentivizes reduction of density, and as long as there is parking removed, in reduction to the density, she has no problem; however, if fewer units are removed than planned, then they pay the parking impact fee. The parking impact fee still has to be paid if more parking spaces are removed, then the unit numbers are reduced. Discussion held. Commissioner Rosen Gonzalez added that many of the historic buildings in South Beach do not have a parking requirement, so this would be unprecedented, because the City is Page 46 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach eliminating fees. Currently in the Code, the fee in lieu of parking was established to provide parking, transportation and mobility related improvements and programs in the vicinity. The City spends millions of dollars painting bike lanes, while there is a need for garages, and a proposed train. Those funds would go to transit. She does not understand the purpose of charging that fee, if it is not to go directly into that fund to help the City during a contingency. They budgeted $36 million for transit, but now they are going to eliminate what could potentially be millions of dollars in fees. Incredibly, by referendum, the people of Miami Beach voted that on every single item, the Administration had to list the economic impact. On this item, it show that there is no negative economic impact, but the fact is that there was not economic study done and they do not know how many buildings this will affect, nor how many potential parking impact fees could be lost. This could result in millions and millions of dollars in lost revenue. All they have is that there would be no negative impact. She proposed doing a financial impact study along with the Parking Department, and come back with this analysis before considering the Ordinance further. Mayor Levine asked if this would be an amendment to Commissioner Grieco’s motion. Commissioner Rosen Gonzalez suggested, before considering this legislation, to defer the item until next month, and at that time, they should be provided with a financial impact/analysis. Michael Belush, Chief of Planning and Zoning Department, gave an example under the only circumstance where an applicant would not be required to pay a parking impact fee or fee in lieu. Commissioner Rosen Gonzalez asked if they knew how many buildings or parking spaces this would affect, or the amount of potential revenue that could be lost for the residents while the City is building these intermodal facilities. She asked if they are certain that there are no negative financial impacts. City Manager Morales added that what Mr. Belush is referring to is that without knowing a specific proposal per building basis; they could never estimate what it would cost, because it depends on what the building is proposing. Commissioner Steinberg is concerned to make this a blanket Ordinance for the same reasons. They do not understand the financial implications, and suggested doing this on a case by case. Commissioner Alemán stated that this only affects existing buildings that are reducing their density. In the past, however many parking spaces were needed, they were paid or provided for. Now the change of the building is being used to reduce the density, which is something they want to encourage and incentivize. Fewer spaces are needed. They are talking about reducing the fees for eliminating something they no longer need; because they are reducing density. They now have an opportunity to eliminate an inappropriate fee, to pay for the reduction of parking that is no longer required. Neisen Kasdin, representing The Shore Club, explained that they are going from a 320-room hotel to a much smaller hotel, greatly de-intensifying and decreasing the density of the property. The Tower built in the late 1990s is being reduced significantly in terms of density and intensity. As the Ordinance stands today, there is a disincentive or penalty that prevents you from reducing the density, because in that instance, you must keep the parking that is Page 47 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach there. After 1993, what is happening throughout the City is that the better properties are reducing density, by combining units and making apartments and actually becoming more luxurious, thereby reducing parking demands. Unless this Ordinance changes, they will not be able to do that. There is no economic impact, but instead, it reduces the parking demand in the City. Commissioner Alemán explained that they hear reports that many hotels have underutilized parking. With the proliferation of Uber and as they move forward with the streetcar, all these factors will drive the need for less parking. The idea to encourage these properties to repurpose and make more productive use of these idle asset areas is a good thing for the City. Commissioner Rosen Gonzalez stated that they are looking at taxing residents, when they have a structure now where they can generate revenue, and it is part of the cost of doing business on Miami Beach. The Shore Club will build and redevelop whether they pay the million dollars in fees or not. Currently, there exists the opportunity to get the extra million dollars for all the transportation initiatives the City wants to build. She thinks it would be detrimental to eliminate those fees and they would be creating unnecessary complications. Furthermore, they had just an initiative voted down where they were trying to increase in a Historic District the distance required for the parking impact fee. She does not think that the same requirements are in place for restaurants and nightclubs. Mr. Kasdin explained that for instance, the Shore Club would be required to provide parking somewhere else to replace the removed parking, rather than paying, but instead they are significantly reducing the density; thereby, reducing the parking demand. They are being penalized in a way no other building in the Historic District is penalized, and the same for some other buildings built in the 1990s. He added that any parking analyst expert will say that the large luxury unit, for the most part, are not occupied by year-round residents, and the parking demand is significantly reduced, so this conversion reduces the density in absolute numbers, and any parking analysis will show that it reduces the parking density. Discussion continued regarding data. Mr. Kasdin has worked in dozens of these projects, and in each instance, every one shows that these types of units generate less parking demand, different if on West Avenue, where there are smaller units for permanent year-round residents, but not the same on oceanfront units. Mayor Levine requested no further discussion on the item. Handouts or Reference Materials: 1. City Code Sec. 130-131 – Generally Page 48 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 1:40:41 p.m. SUPPLEMENTAL MATERIAL 1: ORDINANCE R5 N AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “PUBLIC PROPERTY,” BY AMENDING ARTICLE III, ENTITLED “USE OF PUBLIC PROPERTY,” BY AMENDING DIVISION 2, ENTITLED “REVOCABLE PERMIT;” BY CREATING SECTION 82-96 THEREOF TO BE ENTITLED “COMMERCIAL OUTDOOR FEE BASED ACTIVITY PERMIT, BY ESTABLISHING SUBSECTIONS THAT ARE ENTITLED “COMMERCIAL OUTDOOR FEE BASED ACTIVITY,” “PERMIT APPLICATION; SUBMITTAL AND QUALIFICATIONS,” “CRITERIA FOR APPLICATION REVIEW; APPROVAL OR DENIAL,” “PERMIT APPLICATION; ISSUANCE,” “PERMIT; REQUIRED,” “GENERAL PROVISIONS,” “PERMIT FEES AND OTHER CHARGES,” “SUSPENSION/REVOCATION; PERMITTEE CANCELATION,” “PENALTIES AND ENFORCEMENT;” PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. First Reading Parks and Recreation Commissioner Michael Grieco Supplemental updated on 11/4/2016 ACTION: Ordinance adopted on first reading. Motion made by Commissioner Alemán; seconded by Commissioner Grieco to approve the Ordinance; Ballot vote: 5-2; Opposed: Commissioners Arriola and Rosen Gonzalez. Second Reading, Public Reading scheduled for December 14, 2016. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. John Rebar to handle. John Rebar, Parks and Recreation Department Director, introduced the item. This is to begin an outdoor fee permit to allow the Parks and Recreation Department to work with fitness trainers to direct them to the proper areas, ensure they are not damaging the park equipment, and that they have backgrounds and licenses to work with people. Commissioner Grieco stated this is a well-drafted Ordinance. Vice-Mayor Malakoff asked for the flat fee of $200 to be increased for tennis instructors, as there are tennis court users and instructors making good money teaching students. She thinks, if this is allowed, then it needs to be carefully scheduled, and $200 a year is an insufficient fee. This needs to be enforced. Mr. Rebar stated that tennis is not included in this program. Discussion held. Commissioner Steinberg explained that this was intended for those individuals who damage the parks equipment and she is in support. Commissioner Rosen Gonzalez suggested exempting yoga/meditation classes. Commissioner Alemán stated that this gives them a starting point. She moved the item. Commissioner Arriola requested having Park Rangers trained regarding politely enforcing this Ordinance. Page 49 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Commissioner Steinberg added that when great deals of people are doing organized paid classes, and someone gets hurt, who pays for that. Aleksandr Boksner stated the individual handling the event would be responsible for the damages. Handouts or Reference Materials: 1. City Code Sec. 130-131 – Generally 2. List of Commercial Outdoor Fee Based Activity Permits 3:05:20 p.m. R5 O AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING APPENDIX A, ENTITLED "FEE SCHEDULE," TO CHAPTER 98 OF THE MIAMI BEACH CITY CODE, ENTITLED "STREETS AND SIDEWALKS," AMENDING ARTICLE III, ENTITLED "EXCAVATIONS," AMENDING DIVISION 2, ENTITLED "PERMIT," AMENDING SECTION 98-92, ENTITLED "APPLICATION; AMOUNT OF DEPOSIT; USE OF DEPOSIT TO REPLACE SURFACE; PERMIT FEE," BY AMENDING THE FEES AND HOURS REGARDING PERMITS FOR BLOCKING OF RIGHT-OF-WAY FOR MAJOR THOROUGHFARES; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. First Reading Transportation Deferred from October 19, 2016 - R5 Y Commissioner John Elizabeth Alemán ACTION: Ordinance adopted on first reading. Motion made by Commissioner Alemán; seconded by Commissioner Rosen Gonzalez. Ballot vote: 7-0. Second Reading, Public Reading scheduled for December 14, 2016. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Eric Carpenter and Jose Gonzalez to handle. MOTION ACCEPTING THE NCAC RECOMMENDATION: Pursuant to Section 2-13 of the Code, a motion was made accepting the Neighborhood/Community Affairs Committee’s recommendation of this Ordinance by Commissioner Alemán, seconded by Vice-Mayor Malakoff; Voice vote: 7-0. Commissioner Alemán explained that currently is very inexpensive to pull a permit to close lanes along major thoroughfares for periods of time, so the idea of this Ordinance is that it would increase the cost associated with such closures, to promote contractors to working off hours at night, or diverting their efforts to minor streets rather than major thoroughfares. Jose Gonzalez, Transportation Director, added that the proposed amendment is the result of a Transportation Workshop and subsequent discussions with the Neighborhood/Community Affairs Committee (NCAC). The goal is to incentivize alternative construction method means and methods to minimize the impact of traffic, in particular on the City’s major thoroughfares. This Ordinance amendment accomplishes two things: it further restricts the times for closures along major thoroughfares, it extends prohibited times from 7:00 a.m. to 10:00 a.m. and from 3:00 p.m. to 7:00 p.m. in the evening, during rush hour time, therefore, closures would only be allowed Monday through Friday, between 10:00 a.m. and 3:00 p.m. Secondly, the amendment increases the fee schedule noted from crane permits, specifically, and for lane closure permits on major thoroughfares. On Page 437 of the Commission Agenda, it shows a cost comparison tables between the amounts that an applicant would pay for a Page 50 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach typical permit under the existing fee structure, and under the proposed fee structure. For example, for typical two-day crane permits, currently the fee is $570 per day; for two days is actually only $624.96 because for the second day, the additional cost is only $54. Under the proposed fee structure, they are proposing to increase that to $1,610 per day for a straight two-day permit it would be $3,220. Similarly, for lane closure permit, they looked back at historical records to see what the average amount of time was for lane closures, and about 85% of all the lane closure permits fit within a 24-day permit on the average. The existing fee structure is only $36 per day; they are proposing to increase that to $360 per day, so a typical 24-day closure would increase from $864 to $8,640. They compared similar cities across the nation, Chicago, Denver and Portland, as well as local municipalities within Miami-Dade County. What they are proposing, as far as lane closure permits, are very comparable to Chicago, Denver and Portland; they are higher than anything they came across in Miami-Dade County. For crane permits, the City is higher than those other municipalities evaluated. Vice-Mayor Malakoff stated that utility companies are exempted from the City’s right-of-way fee, since the main culprits in the City that are closing down main streets are FPL and FDOT. This is more about traffic construction companies, and she has no problem with raising the fee. She believes they should have a discount on those fees during the night shifts, since there is less disruption to traffic patterns and less congestion at night, but to say they have to conduct more work from the minor streets, is difficulty. They are talking about Royal Palm Avenue or North Bay Road, which are very narrow and some parts do not even have sidewalks. It becomes dangerous and unsafe. Mr. Gonzalez clarified that they are not proposing any changes to nighttime work; this would remain under the lower fees currently in the City Code. With regard to the minor streets, they are concerned as well and are not trying to incentivizing contractors to go to the minor streets, it is just a matter of trying to have costs that are more realistic with the impacts that they experience during the daytime. There is nothing to incentivize contractors to work on the minor streets. Discussion held regarding incentive for working night shift. Josiel Ferrer, Transportation Department Manager, clarified that for minor streets, the fees remain the same; this attempts to address some of these properties where the contractor may have an option of parking the crane, weather on Collins Avenue or 39th Street, and maybe parking it on 39th Street and applying by means of method of construction will reduce delay to traffic. This is what they are planning and what the Ordinance attempts to address. Motion made by Commissioner Alemán; seconded by Commissioner Rosen Gonzalez. No further discussion held. Page 51 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach R7 – Resolutions 11:30:48 a.m. R7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82-93 OF THE CITY CODE, APPROVING A REVOCABLE PERMIT REQUEST BY 418 MERIDIAN, LLC, IN ORDER TO ALLOW THE INSTALLATION OF CANOPY ON THE EAST FACADE OF THE PLAZA HOTEL, LOCATED AT 426 MERIDIAN, WHICH CANOPY WOULD BE CONSISTENT WITH THE HISTORIC DOCUMENTATION FOR THE CONTRIBUTING STRUCTURE WITHIN THE OCEAN BEACH LOCAL HISTORIC DISTRICT, AND WHICH CANOPY WOULD EXTEND APPROXIMATELY EIGHT FEET (8') OVER THE RIGHT-OF-WAY (SIDEWALK) ON MERIDIAN AVENUE, WOULD BE 49 FEET IN LENGTH WITH A CLEARANCE OF APPROXIMATELY 12 FEET ABOVE THE SIDEWALK, AND CONSIST OF A TOTAL AREA OF 377.71 SQUARE FEET, WHICH PERMIT IS CONSISTENT WITH THE CRITERIA OF SECTION 82-94, OF THE CITY CODE; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE REVOCABLE PERMIT. 10:50 a.m. Public Hearing Public Works Continued from October 19, 2016 - R7 A ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution 2016- 29635 adopted. Motion made by Commissioner Rosen Gonzalez; seconded by Commissioner Arriola. Voice vote: 6-0; Absent: Mayor Levine. Eric Carpenter to handle. Raul J. Aguila, City Attorney, introduced the item. The item is a request for a revocable permit by 418 Meridian LLC. This is the owner of the Plaza Hotel at 426 Meridian. When they went before the The HPB file was approved on November 12, 2013; in accordance with the Board’s directive, they are now seeking approval of a revocable permit. The canopy will encroach onto the public right of way; it is 49 feet long and 8 feet wide, with a clearance of approximately 12 feet above the sidewalk. Matthew Amster, representing 418 Meridian, LLC, the applicant and owner spoke. They are following through to recreate a historic canopy that was part of the mandate through the historic preservation process. They hope that the request is approved. Vice-Mayor Malakoff inquired if the canopy encroached on the public sidewalk or impedes in anyway pedestrians. Jay Fink, Assistant Public Works Director, stated that it would not impede the sidewalk, as it is 12 feet above the sidewalk. Handouts or Reference Materials: 1. Ad 1239 published in The Miami Herald Page 52 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 11:33:28 a.m. R7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82-93 OF THE CITY CODE, APPROVING A REVOCABLE PERMIT REQUEST BY MBEACH1, LLLP, LOCATED AT 1664-1666 LENOX AVENUE (THE "PROPERTY"), TO INSTALL A "FLIP UP" FAÇADE TO THE BUILDING, WHICH FACADE, WHEN OPENED AND LIFTED BECOMES AN AWNING PROVIDING SHADE OVER THE CITY RIGHT-OF-WAY; THE AWNING/FACADE WHEN OPENED WILL EXTEND A MAXIMUM OF NINE FEET (9') OVER THE SIDEWALK ALONG LENOX AVENUE, WHICH PERMIT IS CONSISTENT WITH THE CRITERIA OF SECTION 82-94, OF THE CITY CODE; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE REVOCABLE PERMIT. 10:55 a.m. Public Hearing Public Works Continued from October 19, 2016 - R7 B ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution 2016- 29636 adopted. Motion made by Commissioner Rosen Gonzalez; seconded by Commissioner Alemán. Voice vote: 6-0; Absent: Mayor Levine. Eric Carpenter to handle. Raul J. Aguila, City Attorney, introduced the item. This is a request by MBEACH1, LLLP, pursuant to the Historic Preservation Board (HPB) Order, file Number 23103, dated May 18, 2015; part of the design of this proposed new building includes a flip up awning façade that would project 9 feet into the public right of way on Lenox Avenue. Jay Fink, Assistant Public Works Director, spoke. Mr. Fink stated that in the Commission package for this item, there is a pictorial of the flip up awning. It is on the side building, and when the building is open, it actually flips up to provide shelter and easy access to the property. This has gone before the HPB and received their approval. Vice-Mayor Malakoff inquired when the building is closed, does the flip up owning go down and shutter the whole building. Eve Boutsis, Chief Deputy City Attorney, explained that it has two styles, when closed there is a doorframe so people can enter the building or when open it provides shading - it lifts up like an A-Frame. Vice-Mayor Malakoff asked if when the awning is down whether there is still access to the building. Chief Deputy City Attorney Boutsis responded that there is still access to the building; and added that it is only shielding the windows. Frank Del Vecchio asked if the Commission was setting a precedent. What he does not want to happen in his neighborhood, or in any other residential neighborhood, is for an alcoholic beverage establishment, which may or may not have entertainment, for it to have the ability to open up the entire interior by some kind of movable doors or frames, so it basically opens up and they have an interior entertainment or alcoholic beverage facility that opens up onto the sidewalk. If it does not do that fine, but if it does, he is concerned. Vice-Mayor Malakoff explained that the awning does not open up the building; it only provides protection from the rain and sun. Page 53 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Chief Deputy City Attorney Boutsis confirmed Vice-Mayor Malakoff’s statement, and added that the building has glass windows and walls. Chief Deputy City Attorney Boutsis, in answering Mr. Del Vecchio added that the walls remain. Vice-Mayor Malakoff confirmed that this plan does not call for glass walls that move up. Handouts or Reference Materials: 1. Ad 1239 published in The Miami Herald 11:37:08 a.m. R7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FIRST AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR 2016/17. 11:00 a.m. Public Hearing Budget and Performance Improvement ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution 2016- 29637 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Arriola. Voice vote: 6-0; Absent: Mayor Levine. Cintya G. Ramos to handle. Cintya G. Ramos, Budget and Performance Improvement Director, explained the item. This is the First Amendment to the FY 2016/17 Capital Budget, which totals $5.9 million, and includes $65,000 for Convention Center kitchen equipment and $5.8 million for the installation of a pump station. Vice-Mayor Malakoff confirmed that the $65,000 for the Convention Center kitchen was being taken from the Convention Center fund balance and that the larger amount, the $5,856,402, is going to be moved to the line of credit. The money we need now would be taken from the fund, the money that is needed later the City will take from the line of credit. Ms. Ramos agreed with Vice-Mayor Malakoff’s statement. Commissioner Rosen Gonzalez inquired about the change order, and what that entails. Eric Carpenter, Assistant City Manager/Public Works Department Director, answered that the amendment is to be able award the contract for the pump station at 19th Street that was bid out and was on the Consent Agenda earlier in the meeting for work contingent upon this budget amendment to be able to use funds out of the City’s Storm Water Program to build the pump station that will serve most of the City Center neighborhood. Commissioner Steinberg confirmed that it was not a change order. Assistant City Manager Carpenter explained that it is a pump station that serves the Convention Center and most of the City Center neighborhood. It was put out to bid, and the bid results were approved as part of the Consent Agenda. Handouts or Reference Materials: 1. Ad 1239 published in The Miami Herald Page 54 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 11:40:15 a.m. R7 D A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMISSION COMMITTEE, FOLLOWING A DULY ADVERTISED PUBLIC HEARING, AND WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY AND FLORIDA FOOD DISTRICT INC. (AS TENANT), SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, INVOLVING THE USE OF APPROXIMATELY 2,216 SQUARE FEET OF CITY OWNED UNIMPROVED LAND, LOCATED AT 22 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA, CURRENTLY USED AS AN OUTDOOR SEATING AREA; SAID LEASE HAVING AN INITIAL TERM OF TWO (2) YEARS, WITH ONE (1) RENEWAL TERM OF FOUR (4) YEARS AND 364 DAYS, AT THE CITY'S OPTION AND TO RUN CONCURRENT WITH THE TENANT'S LEASE/USE OF AN ADJACENT EXISTING RESTAURANT LOCATED AT 816 COMMERCE STREET, MIAMI BEACH, FLORIDA. 11:05 a.m. Public Hearing Tourism, Culture and Economic Development ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution 2016- 29638 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Grieco. Voice vote: 6-0; Absent: Mayor Levine. Vanessa Williams to handle. Mark Milisits, Office of Real Estate, introduced the item. This is a new lease agreement between the City and Florida Food District, for the use of approximately 2,216 square feet of unimproved land to be used as outdoor seating for the adjacent restaurant at 816 Commerce Street. The City was part of a lease with Alpha 22, dating back to October 2013; in December of 2015 the Commission, approved for Alpha 22 to assign its lease to Florida Food District. Even though Alpha 22 sold the restaurant, they never executed the assignment of the lease for the outdoor area. The lease before the Commission is an extension of the lease that would have been assigned to Alpha 22, which has 2 years remaining on that term, with a 4-year and a 364-renewal option. The rent is approximately just under $50,000 a year. This item was submitted to the Finance & Citywide Projects Committee, and the Committee recommended in favor of the lease. The restaurant is La Terraza. Commissioner Alemán inquired if the rent per square foot is reasonable market rate or is it legacy leftover from the past. Mr. Milisits responded that it was legacy, but it was established based on a couple of the outdoor seating areas that the City has and is also consistent with the City’s standard outdoor café rate that is charged on Lincoln Road, which is slightly over $20 a foot, with a 3% annual increase. Commissioner Alemán stated that this has been used in the same way since 2013, so there is nothing new. Motion by Commissioner Alemán. Seconded by Commissioner Grieco. Handouts or Reference Materials: 1. Ad 1239 published in The Miami Herald Page 55 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 11:42:42 a.m. SUPPLEMENTAL MATERIAL 2: MEMORANDUM, RESOLUTION & AGREEMENT R7 E A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, TO CONSIDER APPROVAL, FOLLOWING FIRST READING/PUBLIC HEARING OF A DEVELOPMENT AGREEMENT AS AUTHORIZED UNDER SECTION 118-4 OF THE CITY CODE, AND SECTIONS 163.3220 - 163.3243, FLORIDA STATUTES, BETWEEN THE CITY AND 1698 ALTON ROAD VENTURES LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND 1681 WEST VENTURES LLC, A FLORIDA LIMITED LIABILITY COMPANY (COLLECTIVELY THE "DEVELOPER"), WHICH DEVELOPMENT AGREEMENT: (1) MEMORIALIZES THE CONDITIONS FOR VACATING THE CITY'S 20 FOOT WIDE PUBLIC RIGHT-OF WAY, RUNNING PARALLEL TO ALTON ROAD, BETWEEN ALTON ROAD AND WEST AVENUE, BETWEEN 17TH STREET AND LINCOLN ROAD ("CITY PARCEL"); (2) GRANTS TO THE CITY A PERPETUAL UTILITY AND ACCESS EASEMENT ACROSS THE CITY PARCEL; (3) ENSURES THE PAYMENT TERMS FOR DEVELOPER'S PAYMENT OF A VOLUNTARY MONETARY CONTRIBUTION TO THE CITY, IN THE AMOUNT OF $665,000 (THE "VOLUNTARY CONTRIBUTION"); AND (4) DELINEATES CERTAIN CONDITIONS FOR THE CONSTRUCTION OF THE PROJECT, LOCATED AT 1698 ALTON ROAD AND 1681 & 1683 WEST AVENUE, MIAMI BEACH, FLORIDA (COLLECTIVELY THE "DEVELOPER'S PARCELS"), AS A MIXED-USE PROJECT WITH RESIDENTIAL AND RETAIL/RESTAURANT USES AND STRUCTURED PARKING, CONSISTENT WITH THE CD-2 ZONING DISTRICT REGULATIONS; FURTHER SETTING THE SECOND PUBLIC HEARING AND FINAL READING OF THE DEVELOPMENT AGREEMENT FOR A TIME CERTAIN. 11:10 a.m. First Reading Public Hearing Office of the City Attorney Supplemental updated on 11/7/2016 ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution 2016- 29639 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Arriola. Voice vote: 6-0; Absent: Mayor Levine. Second Reading, Public Hearing would be scheduled for December 14, 2016 at 2:00 p.m., at City Hall, Convention Center Drive, 3rd Floor, Commission Chamber. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Office of the City Attorney to handle. Commissioner Rosen Gonzalez stated the commercial broker on this deal wrote to her and told her that this land is worth approximately $300 per square foot, which would be approximately $1.2 million and the City is selling it for $655,000. She just wanted to understand why is the City giving such a reduction in price and why did the appraisal come in so low. City Attorney Raul J. Aguila explained that this development agreement was authorized as a condition to the City’s vacation of a 20-foot wide portion of the Alton Court alley; where the developer would be using a portion of the alley to build its project. The City had an appraisal conducted, this went before the Finance & Citywide Projects Committee, and they agreed upon the amount of $655,000, which was 30% less than the appraised value. After extensive discussion at the Finance & Citywide Projects Committee, it was determined that the reason the City was amenable to accept the $655,000 was because the developer would not be receiving the full bundle of rights incident to the vacation of the alleyway. For example, the developer would not be able to build any habitable structures above the alleyway. What is being proposed to be built in the alleyway is a pedestrian bridge connecting the developer’s project from one building to the next. Page 56 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Jay Fink, Assistant Public Works Director, confirmed that the limitations are included in the agreement that is before the City Commission. Vice-Mayor Malakoff stated that the developer also agreed to pave the entire alley; the alley that goes behind Epicure that is always full of potholes. The developer also agreed to resurface, hardscape and landscape the entirety of the City parcel. The developer will also replace underground power lines and utilities and put in a new sewer line. Mr. Fink added that the developer would be putting in new drainage and replacing the water and sewer lines, which is significant work. Vice-Mayor Malakoff added that the developer agreed to forego placing apartments above the alleyway, which the developer had originally wanted to do. Due to all these concessions, the City agreed to the 30% reduction. City Attorney Aguila stated that if the Commissioners turn to item R7 E in the agenda, the terms of the development agreement are set forth there. City Attorney Aguila stated that possibly after a vote is taken on this matter, Commissioner Rosen Gonzalez has item R9 Q, which deals with the proceeds from this one-time payment, as well as future one time payments for vacations, lease, and development agreement received by the City for alley vacation that they be used to beauty the surrounding areas. Commissioner Arriola stated that he liked the idea. Commissioner Rosen Gonzalez explained that her suggestion under item R9 Q is intended to benefit the residents who live in the area where the City is vacating the alleys. The proceeds that are received by the City from such vacation should not be placed into the General Fund, they should go instead into a special fund that is only spent in the area were the vacation took place and on the residents who live in the area where the alley was vacated. City Attorney Aguila suggested addressing this present item, and then considering item R9 Q. City Attorney Aguila reminded everyone that this is the First Reading Public Hearing of the development agreement, so he first needs a vote on it. Commissioner Rosen Gonzalez expressed concern that if they vote on this now then the $655,000 would then not go to the residents of the area for special beautification projects in the surrounding areas. City Attorney Aguila explained that right now the $655,000, which is being given as a contribution in connection to the vacation could be used by the Commission in its discretion, so it may be allocated by the Commission as it deems fit. Commissioner Alemán reminded City Attorney Aguila that the sum would be minus the 20% that is required to go to the transit fund. City Attorney Aguila confirmed that Resolution 2016-29500, provides that no less than 20% of all one time unrestricted capital payments to the City of $500,000 or more, including to but not limited to payments received through lease negotiations, money judgments from Page 57 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach lawsuits, audit findings or any other lump sum payments be deposited to a trust fund for capital or acquisition costs associated with mass transit. Therefore, it would be the $655,000 minus 20%. Vice-Mayor Malakoff stated that they could consider Rosen Gonzalez’s R9 Q item regarding the allocation of the 80% to an alley fund next. Commissioner Rosen Gonzalez stated that she would like to call the fund – “Immediate Projects For The Surrounding Area Where The Alley Is Vacated Fund.” City Attorney Aguila informed Commission Rosen Gonzalez that this development agreement requires a second reading, so the Commission can vote on this on first reading, set the public hearing, and then the Commission could entertain her R9 Q discussion item. Commissioner Alemán stated, in case it would affect Commissioner Rosen Gonzalez’s vote, that she has reservations about tying the City’s hands as to the funds; not because she does not understand what Commissioner Rosen Gonzalez is trying to accomplish, but because we have the entire North Beach Master Plan that the City is trying to vitalize, which will take investments from the City as well. Rather than tying this money to specific purposes she rather rely on the good judgment on the Commission to determine which are the highest and best use projects that are Citywide. Commissioner Rosen Gonzalez expressed that if the Commission is agreeing to sell an alley in a certain area, should not those residents benefit from that sale. She believes it is a great method of allocating funds. Commissioner Alemán disagrees. North Beach historically has been underfunded and under prioritized by the City and opportunities for things like alley vacation are very specific and are not equally viable, feasible or interesting on a Citywide basis. She does not agree. Commissioner Rosen Gonzalez stated that there is legislation where the Land Use and Development Committee voted on which gets rid of fees in lieu of parking, and those fees are supposed to be used for transportation. Yet this funds, which have nothing to do with transportation, we voted on the 20% and now Commissioner Alemán wants to allocate those to different pots of money for different things. Why would the 80% just go into the General Fund? Commissioner Alemán clarified that the 20% is not part of this development agreement; it is part of Resolution 2016-29500. Commissioner Rosen Gonzalez stated that she understand Resolution 2016-29500, she just finds it funny that the Commission wants to eliminate certain fees in other areas, but is willing to just roll these fees into the General Fund. Commissioner Rosen Gonzalez believes that this is a great way, if the City is selling property, for the funds to be used to help the residents in that specific area. Vice-Mayor Malakoff recounted what the City has been done in the past when vacating alleys. For example, the Betsy Hotel, when it obtained rights to the alley behind their property, agreed to improve the alley by paving, landscaping, and streetscaping it; some other vacations have included undergrounding utilities. The project would benefit the surrounding neighbors because instead of driving over cruddy potholes in the alley, and Page 58 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach having derelict backs of buildings facing the alley, the alley would be beautified. That would be something that would be enjoyed by all the residents in that neighborhood. The beautification project is going into that neighborhood. That is a benefit to the residents and businesses in the area. Vice-Mayor Malakoff suggested voting on the item at hand, and thereafter discussing item R9 Q. Commissioner Arriola stated that he wants to proceed with the vote on this item, but is interested in entertaining Commissioner Rosen Gonzalez suggestion on R9 Q. Motion to approve the development agreement by Commissioner Arriola; seconded by Commissioner Alemán. Handouts or Reference Materials: 1. Ad 1240 published in The Miami Herald 2. Mailing Addresses 1698 Alton Road, 1681 & 1683 West Avenue Development 3. 1681 & 1683 West Avenue Map R7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, STRONGLY URGING NBCUNIVERSAL TO HELP BUILD A VIBRANT MIDDLE CLASS IN MIAMI-DADE COUNTY, AND IN THE STATE OF FLORIDA, BY ADHERING TO THE SAME HIGH STANDARDS WITH REGARD TO EMPLOYMENT FOR ITS TELEMUNDO SPANISH-LANGUAGE PRODUCTIONS AS ARE PROVIDED FOR ITS ENGLISH-LANGUAGE PRODUCTIONS UNDER NBCUNIVERSAL, TO RECOGNIZE THE DESIRE OF ITS TELEMUNDO PERFORMERS AND PRODUCTION CREW MEMBERS TO HAVE A VOICE IN THEIR EMPLOYMENT BENEFITS AND CONDITIONS, AND TO ENGAGE IN A DIALOGUE WITH THE SCREEN ACTORS GUILD AND THE AMERICAN FEDERATION OF TELEVISION AND RADIO ARTISTS RELATIVE TO UNION REPRESENTATION FOR ITS PERFORMERS IN AND CREWS FOR TELEMUNDO PRODUCTIONS. Office of the City Attorney Deferred from October 19, 2016 - R7 K Commissioner Kristen Rosen Gonzalez ACTION: Item deferred until the December 14, 2016 Commission Meeting. 3:21:33 p.m. R7 G A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER GRANTING A WAIVER OF CERTAIN DEVELOPMENT REGULATIONS, PURSUANT TO SECTION 142-425(D) OF THE CITY'S LAND DEVELOPMENT CODE, FOR THE COLLINS PARK GARAGE PROJECT, LOCATED WITHIN THE MUSEUM HISTORIC DISTRICT AND COLLINS PARK NEIGHBORHOOD; SAID WAIVER REGARDING THE MAXIMUM BUILDING HEIGHT. Capital Improvement Projects ACTION: Resolution 2016-29640 adopted as amended. Motion made by Vice-Mayor Malakoff to approve the Resolution, and include a waiver for the second parcel where housing is planned; seconded by Commissioner Alemán. Voice vote: 7-0. Rafael E. Granado to advertise the Public Hearing for December 14, 2016. Lilia Cardillo to place on the Commission Agenda, if received. David Martinez to handle. Page 59 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach AMENDMENT: Include a waiver for the second parcel where housing is planned. David Martinez, CIP Department Director, introduced the item. This is to set a public hearing for December 14, 2016 to discuss the waiver of maximum height requirements for the new Collins Park Garage. This is the garage between Liberty Avenue and Park Avenue, directly behind the Miami City Ballet. The maximum height requested is 75 feet. Mayor Levine reiterated that this item is to set a public hearing to grant a waiver. Commissioner Alemán stated that we already have an Ordinance that covers this height increase on the Zaha Hadid Garage; Commissioner Alemán inquired if we were trying to replace that. David Martinez stated that Commissioner Alemán was correct. In his discussion with the Planning Department and the Office of the City Attorney, they opined that the last approval was too specific for the previous project so it needed to be revisited. Vice-Mayor Malakoff stated that at the time the waiver was granted for the Collins Zaha Hadid Garage it covered a much larger space, and now we are planning to build workforce housing and affordable housing on the adjacent space. Vice-Mayor Malakoff asked if we should include that in the height waiver so when we want to put in the workforce housing that it will have the additional floors to accommodate more workforce housing. David Martinez stated that the housing component was being done as a separate project. In response to Vice-Mayor Malakoff’s question, Mr. Martinez stated that where the housing component is planned to be built is property separate from the garage. Vice-Mayor Malakoff stated that the property were the housing component is going to be used was originally part of the Zaha Hadid project. David Martinez confirmed that the original garage project was going to span over Liberty Avenue including the parcel now being contemplated for housing. Vice-Mayor Malakoff reiterated that this second parcel should be included with the garage parcel for the height waiver. Assistant City Manager Kathie G. Brooks stated that the direction that was given by this Commission is for the parcel west of Liberty Avenue be inclusive of artist housing to be built and programmed by a P3 Developer. The Administration at the last Commission Meeting received the award for the P3 Consultant and the Administration is getting the contract executed. The Administration is now getting ready the design criteria to be able to put it out to a bid. Vice-Mayor Malakoff understands, but asked why the Administration would not want to obtain the same waiver for the parcel being contemplated for housing at the same time as the parcel at hand, so that there could be more space to build workforce housing. Assistant City Manager Brooks stated that Vice-Mayor Malakoff’s suggestion is great. Assistant City Manager Brooks stated that the additional waiver would be very helpful. Page 60 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Commissioner Alemán stated that Vice-Mayor Malakoff’s suggestion was a great catch. City Manager Jimmy L. Morales inquired of City Attorney Aguila if the item could be amended to add the second parcel waiver to the public hearing. City Attorney Aguila responded in the affirmative. Item moved by Vice-Mayor Malakoff, as amended, including a waiver for the second parcel where housing is planned. Seconded by Commissioner Alemán. 12:04:53 p.m. R7 H A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ACCEPTING A GRANT OF CROSS-PERPETUAL EASEMENTS ("CROSS-EASEMENT AGREEMENT") BETWEEN THE CITY AND MANSION, LC, AS THE OWNER OF THE RESIDENTIAL APARTMENT BUILDING LOCATED AT 1001 WEST 46 STREET, MIAMI BEACH, FLORIDA; WHICH CROSS- EASEMENTS SHALL: (1) PERMIT MANSION, LC TO PAY FOR, CONSTRUCT AND MAINTAIN PARKING SPACES IN THE CITY'S RIGHT-OF-WAY, WHICH SPACES SHALL BE OWNED BY THE CITY AND WHICH SHALL BE AVAILABLE FOR USE BY THE GENERAL PUBLIC (INCLUDING THE RESIDENCES AND VISITORS TO 1001 WEST 46 STREET; AND (2) ALLOW THE CITY TO USE MANSION, LC'S LAWN AREA AS A PUBLIC SIDEWALK PEDESTRIAN ACCESS EASEMENT AREA. Public Works ACTION: Resolution 2016-29641 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Arriola. Voice vote: 6-0; Absent: Mayor Levine. Eric Carpenter to handle. Chief Deputy City Attorney Eve Boutsis introduced the item, which is a legal non-conforming 1921 apartment house with a Mediterranean revival style, and it was built with no parking. Al Capone employees lived in the mansion. They are parking on the swale and this has become an issue; it is only one of the multifamily in this Single Family District, and this is a compromise that was worked with Public Works, where they give some land to build a sidewalk on their land, and there is a non-exclusive easement for parking spaces, which would be built by the Mansion. Commissioner Alemán is familiar with the item. No further discussion. Page 61 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 2:39:43 p.m. R7 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, SETTING THE DATES FOR THE YEAR 2017 CITY COMMISSION MEETINGS. JOINT CITY COMMISSION AND REDEVELOPMENT AGENCY Office of the City Clerk ACTION: Resolution 2016-29642 adopted as amended. Item heard in conjunction with RDA Item 1. Motion made by Commissioner Alemán; seconded by Commissioner Arriola. Voice vote: 7-0. Office of the City Clerk to handle. Commission Meetings Presentations & Awards/Commission Meetings Starts at 8:30 a.m. Starts at 5:00 p.m. January 11 (Wednesday) January 25 (Wednesday) February 8 (Wednesday) P&A would be heard in the February 8th meeting March 1 (Wednesday) March 22 (Wednesday) April 5 (Wednesday) April 26 (Wednesday) May 10 (Wednesday) May 24 (Wednesday) June 7 (Wednesday) June 28 (Wednesday) July 26 (Wednesday) P&A would be heard in the July 26th meeting August - City Commission in recess September 13 (Wednesday) P&A would be heard in the September 13th meeting September Budget Meeting(s) TBA October 18 (Wednesday) P&A would be heard in the October 18th meeting November 13* (Monday) November 27* (Monday) December 13 (Wednesday) P&A would be heard in the December 13th meeting * Election Related items only. Rafael E. Granado, City Clerk, explained that two calendars have been distributed at the dais. The first calendar list March and July as the originally proposed dates. Two changes are requested; Commissioner Arriola requested the March 8, 2017 Commission Meeting be changed to March 1, 2017; which would require the cancellation of the February 22, 2017 Presentation and Awards Commission Meeting due to print agenda conflict. In addition, Vice- Mayor Malakoff requested changing the July 12, 2017 Commission Meeting. July 5 is not available, since Art Basel (Switzerland) is the week before, and the U.S. Conference of Mayors, which is being held in Miami Beach, is June 23-26, 2017. Therefore, he is recommending rescheduling the July Commission Meeting to July 26, 2017, to give ample time to include items usually placed on the Commission Agenda before the August break Vice-Mayor Malakoff inquired if a Presentation and Awards Commission Meeting could be added to June 21 or June 28. She is concerned that July 26 would be full of awards and presentations that there would be no time to do business. City Clerk Granado explained that the only reason they are recommending against June 21 that is because Art Basel dates are from July 15 – 18, 2017, but they could reschedule the Presentation and Awards Commission Meeting for June 28, 2017. Discussion held. Page 62 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Commissioner Alemán agrees to change the March and July dates for the Commission Meetings, but she noticed that there were only Presentation and Awards meetings in the beginning of the year. Discussion continued. Mayor Levine suggested keeping Presentation and Awards to a minimum and not adding business items to the Presentations Agenda. Commissioner Steinberg suggested that Presentation and Awards meetings have been second full Commission Meetings, and she agrees in holding one meeting, if they allow 30 minutes for Presentation and Awards at the start during those months, and then deal with the business at hand. Discussion continued regarding the June 28 meeting. Mr. Granado does not see a problem with June 28, 2017 for Presentation and Awards Commission Meeting. Discussion continued. Commissioner Rosen Gonzalez proposed having a recess for Land Use boards and meetings in August, and asked if there was consensus from her colleagues. Vice-Mayor Malakoff suggested that she speaks directly to the Planning Department Director. Thomas Mooney to handle. Commissioner Arriola thinks that August recess for Land use boards is a good idea. Frank Del Vecchio spoke. Rafael E. Granado, City Clerk, suggested that Commissioner Rosen Gonzalez place the August recess for Land Use boards item at the next Commission Meeting for discussion. Thomas Mooney to handle. 3:41:26 p.m. R7 J A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH ENDORSING, AS REQUIRED PURSUANT TO SECTION 18-2 OF THE MIAMI- DADE COUNTY CODE, THE CREATION BY MIAMI-DADE COUNTY OF SPECIAL TAXING DISTRICT FOR PALM ISLAND, RESPECTIVELY, FOR THE UNDERGROUNDING OF OVERHEAD FRANCHISE 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. Capital Improvement Projects ACTION: Resolution 2016-29643 adopted. See discussion Item R9 J. Approved by acclamation. David Martinez to handle. Page 63 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach City Attorney Raul Aguila stated Palm Island is seeking to do a Special Taxing District with Miami-Dade County, in order to do that under the County Code, Palm Island needs the City of Miami Beach’s endorsement in order to proceed with the County. Mayor Levine asked if his colleagues would approve the item by acclamation. There was unanimous consensus to approve the item acclamation. David Martinez, Capital Improvements Director, stated that item R9 J is directly related to the item. See discussion with item R9 J. 4:03:39 p.m. R7 K A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO GRANT A NON-EXCLUSIVE UTILITY EASEMENT OF APPROXIMATELY 1,056.40 SQUARE FEET (SF), TO FLORIDA POWER AND LIGHT (FPL) AT THE MAURICE GIBB MEMORIAL PARK PROPERTY, LOCATED AT 1790 PURDY AVENUE, FOR THE OPERATION AND MAINTENANCE OF DUCTBANKS, PAD MOUNTED TRANSFORMER AND ASSOCIATED EQUIPMENT SERVING THE SUNSET HARBOUR STORMWATER PUMP STATION NO. 2, WHICH EASEMENT IS ATTACHED HERETO AS EXHIBIT A. Public Works ACTION: Resolution 2016-29644 adopted. Motion made by Vice-Mayor Malakoff; seconded by Commissioner Alemán. Voice vote: 7-0. Eric Carpenter to handle. Raul J. Aguila, City Attorney, introduced the item. This is granting a nonexclusive utility easement to FPL to underground 1,056.40 square feet for ductbanks, pad mounted transformer and associated equipment to service the Sunset Harbour Stormwater Pump Station No. 2. 4:04:32 p.m. R7 L A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A GRANT TO MIAMI-DADE COUNTY (COUNTY) OF A PERPETUAL NON-EXCLUSIVE EASEMENT OF APPROXIMATELY 1,989 SQUARE FEET IN THE VICINITY OF THE MIAMI BEACH CONVENTION CENTER, LOCATED AT 1901 CONVENTION CENTER DRIVE, FOR THE PURPOSE OF MAINTAINING TRAFFIC SIGNAL EQUIPMENT, WHICH EASEMENT AREA IS DESCRIBED IN EXHIBIT 1 ATTACHED HERETO; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT AGREEMENT WITH THE COUNTY, IN A FORM APPROVED BY THE CITY ATTORNEY. Public Works ACTION: Resolution 2016-29645 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Rosen Gonzalez. Voice vote: 7-0. Eric Carpenter to handle. Page 64 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Raul J. Aguila, City Attorney, introduced the item. This is granting a nonexclusive easement to Miami-Dade County of approximately 1,989 square feet around the Miami Beach Convention Center for maintaining traffic signal equipment. 4:05:04 p.m. R7 M A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO APPROPRIATE FUNDS IN THE AMOUNT OF $290,757, AS PROVIDED FOR UNDER THE UTILITY DESIGN CONSTRUCTION CONTRACT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), AS APPROVED UNDER RESOLUTION 2016-29391, WHICH CONTRACT PROVIDES FOR FDOT'S DESIGN OF CITY-OWNED UTILITIES THAT REQUIRE RELOCATION, AS PART OF FDOT'S STATE ROAD (S.R.) 907/ALTON ROAD PROJECT FROM MICHIGAN AVENUE TO 43RD STREET (FM # ID 429193-1-56-01). Public Works ACTION: Resolution 2016-29646 adopted as amended. Motion made by Commissioner Arriola to approve the item with the addition of having the design incorporate conduits to be utilized for undergrounding of utilities and fiber optics. Seconded by Vice-Mayor Malakoff. Voice vote: 7-0. Jay Fink to handle. Jay Fink, Assistant Public Works Director, introduced the item. The Florida Department of Transportation (FDOT) is doing construction improvements on Alton Road, from Michigan Avenue to 43rd Street. Construction is scheduled to commence April 2020, and it includes roadway reconstruction, signalization improvement, and drainage improvement, including two Stormwater systems. On May 11, 2016, the City Commission, via Resolution 2016- 29391, approved and authorized the City Manager to execute the utility design consultant and third party escrow agreements in order to provide for the implementation of the necessary construction. These agreements stipulate that the engineer consulting the design of the project for FDOT would be responsible for the design of the City owned assets, which we need to remove and relocate as part of the project. Before the City Commission at this time is the approval for authorization for the costs of $290,757, which is the cost proposal received from the FDOT consultant to do the design work. In response to a question from Mayor Levine, Assistant Director Fink stated that the City must do the design work in order to do the construction. Commissioner Alemán stated that she was contacted by the Alton Road Homeowners Association to discuss undergrounding. In 2020, the City of Miami Beach would be digging up all of Alton Road, from Michigan to 63rd Street; which is an extensive length of Alton Road. All of those who drive on Alton Road everyday know that the mahogany trees up and down are basically decapitated and all are growing in a y-shape from pruning around utility lines. To her, just as a lay person and a resident of Alton Road, she would like to get the discussion out on the table, if we are going to go through all the pain and suffering of tearing up Alton Road and we are going to elevate parts of Alton Road, which will include loosing trees, there are two possible end states. The first is that we take our lumps and we figure out a way to pay and underground all the utilities at the same time; or secondly, we dig it all up, take the pain and suffering, and at the end we have all the decapitated mahogany trees and end up with the same nasty looking wires. Personally, she believes the residents would be extremely upset with the Commission if they do not find a way to look at the undergrounding. The reason she brings this up now is that even though the Commission is not talking about Page 65 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach the electrical utilities with this item, but in this design contract, there are things that the Commission may want to consider. One of those things for consideration would be going ahead and putting conduits that would allow for future undergrounding. Another unrelated item that could be considered in this design would be if the City would like to do anything for hardwiring for internet. Commissioner Alemán wanted to raise those two topics to see how her colleagues feel and get it on the table since we are talking about issuing this design. Commissioner Rosen Gonzalez stated that transformers are burning out; we should wait until FPL comes up with a waterproof plan. Commissioner Alemán, responding to Commissioner Rosen Gonzalez, stated that the City had not received a clear answer from FPL and FPL needs to come back with a better answer on that. (See discussion item R9 I.) Vice-Mayor Malakoff agrees with Commissioner Alemán, and believes them to be great suggestions. Commissioner Alemán moved the item with the addition of having the design take those factors into consideration (undergrounding of utilities and hardwiring for internet) and telling the City through the design process what that would mean to us. No second offered. City Manager Morales stated that they have experience with this on Sunset Islands III and IV, where the issue of putting conduits down was a struggle with FPL. City Manager Morales asked Public Works Director/Assistant City Manager Eric Carpenter if the FDOT design could include laying conduit that later could be used. Public Works Director/Assistant City Manager Carpenter stated that the City has been working much better with Aletha Player and FPL on these types of things. As a matter of fact, David Martinez and he had a meeting with FPL two weeks ago where FPL had made commitments to the City were FPL would not hold the conduit back from the City, since it has to be an FPL conduit that FPL would put their FPL wires in, as FPL will not place their wires in any general conduit. FPL sated that they would be willing, even absent a contract, to sell the City the conduits. This is something the City is talking about on many of its projects, even if the City is not ready to do undergrounding, the City should nevertheless put conduits in. The City is already implementing this in our Citywide transportation communication. We are putting conduits in the ground in any of the major arterials when the City tears them up. City Manager Morales asked Public Works Director/Assistant City Manager Carpenter if conduits could be added to the scope of work for these two pieces (R7 M and R7 N). Public Works Director/Assistant City Manager Carpenter responded in the affirmative. Vice-Mayor Malakoff confirmed that it would also include the fiber optic lines for the internet. Public Works Director/Assistant City Manager Carpenter stated that fiber optics is one of the things that they can pull into the conduits. Commissioner Arriola moved the item with the addition of having the design incorporate conduits to be utilized for undergrounding of utilities and fiber optics. Seconded by Vice- Mayor Malakoff. Voice vote: 7-0. Page 66 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Public Works Director/Assistant City Manager Carpenter stated that the Administration would have to figure whether or not the City needs to have the FDOT design that or whether the City would do that. Public Works Director/Assistant City Manager Carpenter stated that he does not have a dollar figure to address the conduits design, so it may have to come back to the City Commission for approval. However, Mr. Carpenter added that the Resolution as it stands today covers the item discussed. 4:11:42 p.m. R7 N A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO APPROPRIATE FUNDS IN THE AMOUNT OF $386,772, FOR UTILITY DESIGN CONSTRUCTION CONTRACT SERVICES WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), AS PREVIOUSLY AUTHORIZED UNDER RESOLUTION NO.: 2016-29393, WHICH UTILITY DESIGN CONSTRUCTION CONTRACT PROVIDED FOR THE FDOT DESIGN OF CITY-OWNED UTILITIES THAT REQUIRE RELOCATION, AS PART OF FDOT'S STATE ROAD (S.R.) 907/ALTON ROAD PROJECT FROM ED SULLIVAN STREET/43RD STREET TO 63RD STREET (FM #430444-1-56-01). Public Works ACTION: Resolution 2016-29647 adopted. Motion made by Commissioner Arriola to approve the item with the addition of having the design incorporate conduits to be utilized for undergrounding of utilities and fiber optics; seconded by Vice-Mayor Malakoff. Voice vote: 7- 0. Jay Fink to handle. City Manager Jimmy L. Morales stated that this item is the same as R7 M, just a different portion of Alton Road. Motion made by Commissioner Arriola to approve the item with the addition of having the design incorporate conduits to be utilized for undergrounding of utilities and fiber optics. Seconded by Vice-Mayor Malakoff. R7 O A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE INTERIM AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND GREATER MIAMI TRAMLINK PARTNERS, A JOINT VENTURE AMONG INFRARED CAPITAL PARTNERS LIMITED (ACTING IN ITS CAPACITY AS MANAGER FOR AND ON BEHALF OF EACH OF THE SEVERAL LIMITED PARTNERSHIPS CONSTITUTING INFRARED INFRASTRUCTURE FUND III), ALSTOM TRANSPORT SA, AND WALSH INVESTORS, L.L.C., 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; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE INTERIM AGREEMENT. Transportation ACTION: Item deferred until the December 14, 2016 Commission Meeting. Lilia Cardillo to place on the Commission Agenda, if received. Jose Gonzalez to handle. Page 67 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 3:57:59 p.m. R7 P A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE REGARDING THE LINCOLN ROAD DISTRICT REDEVELOPMENT PROJECT. Capital Improvement Projects ACTION: Resolution 2016-29648 adopted. Motion made by Commissioner Alemán; seconded by Commissioner Grieco. Voice vote: 7-0. David Martinez to handle. David Martinez, Capital Improvement Projects Director, introduced the item. At the last Finance & Citywide Projects Commission Committee, an item discussing the current stage of the design of the Lincoln Road project, specifically relating to budgetary shortfalls that were identified was heard. The Master Plan was approved last year by the City Commission. A designer was hired this year, but in order to move forward in the area of Phase I of the project, they are looking at approximately $22 million shortfall to design and construct what is represented in the Master Plan that was approved. The Finance & Citywide Projects Committee recommended continuing with the design, as it was in the Master Plan, seek sources of additional funding and bring back to the City Commission. Commissioner Arriola stated that at Finance, they discussed the issue with the Lincoln Road businesses, and it was unanimous that they push forward on the larger plan proposed by James Corner Operations. The question in the near future is how to pay for it. City Manager Morales asked for direction in moving forward with the design. Mr. Martinez clarified that at this point they are just getting into the 30% design development; this is the time to know what they want to design. Each of the options includes removal or reduction of scope or alternative materials that were not originally envisioned in the Master Plan. The direction at Finance was continuing designing the way it was intended, go through the budget cycle and figure out additional funding. Commissioner Arriola stated that basically, the unanimous direction at Finance was to go for the “Cadillac” plan that was put together by James Corner, as this is a good investment in one of the most valuable assets in Miami Beach. It may seem like a large sum, but given the economic value generated by Lincoln Road, it is probably a good investment. In addition, to cut corners in such high traffic area and iconic street is probably not the direction they want to go. Commissioner Grieco wholeheartedly agrees, and thinks they should adopt the recommendation of the Finance & Citywide Projects Committee and move forward with the full design; when the time comes, they will address it at budget. Discussion held. Vice-Mayor Malakoff stated that at the Finance & Citywide Projects Committee they discussed this at great length, and decided they do not want the value engineer, and looked at the options given. Lincoln Road deserves to be a prime location in the City; it is one of the most, if not the most, popular area where visitors come to sit and shop. They are adding, under the James Corner Operations Plan, new features such as arts and culture, fine dining, Page 68 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach etc. The thought was to go forward as planned, and in the next budget cycle, budget additional monies. Mr. Martinez clarified that they will not be able to commence construction until the next fiscal year, in FY 17/18. Commissioner Rosen Gonzalez asked if there are areas in Lincoln Road that are more high priority than others are. David Martinez, Capital Improvement Projects Director, briefly stated that there are three capital projects associated with this; the corridor of the Lincoln Road Mall from Washington Avenue to Lenox, which is this Phase; the connectors, Pennsylvania, Drexel and Meridian, and a short piece on 17th Street. The shortage of funds is the bulk of the $22 million is on the Lincoln Road portion. Motion made by Commissioner Alemán; seconded by Commissioner Grieco. Voice vote: 7-0. 4:11:50 p.m. SUPPLEMENTAL MATERIAL 2: RESOLUTION R7 Q A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS SEPTEMBER 16, 2016 MEETING SUPPORTING THE CREATION OF AN "ADOPT-A-BENCH PROGRAM" IN THE CITY, SIMILAR TO THE CENTRAL PARK CONSERVANCY'S PROGRAM IN NEW YORK CITY, WHICH WOULD PROVIDE AN OPPORTUNITY FOR THE PUBLIC TO PURCHASE PARK BENCHES TO COMMEMORATE LOVED ONES OR SPECIAL EVENTS AND WOULD BE AN ADDITIONAL MEANS TO FINANCE THE BEAUTIFICATION OF CITY PARKS. Parks and Recreation Commissioner Kristen Rosen Gonzalez Supplemental updated on 11/7/2016 ACTION: Resolution 2016-29649 adopted. Motion made by Commissioner Rosen Gonzalez; seconded by Commissioner Arriola. Voice vote: 4-3; Opposed: Vice-Mayor Malakoff and Commissioners Alemán and Steinberg. John Rebar to handle. Raul J. Aguila, City Attorney, introduced the item, which is accepting the recommendations of the Neighborhood/Community Affairs Committee, authorizing the Administration to create guidelines for an adopt a bench program, similar to the Central Park model in New York City. Discussion held regarding a fee of $10,000. Vice-Mayor Malakoff believes this commercializes parks. Instead, she prefers doing the commemorative tree program, whereby the individual gets to purchase trees and receive a certificate. The reason the previous Commission defeated similar items was because it was felt it was commercializing the parks, and they felt it was not appropriate. Commissioner Rosen Gonzalez understands that, but given that it is $10,000 per bench, she encouraged everyone to buy a bench. Page 69 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 2:11:40 p.m. ADDENDUM MATERIAL 3 R7 R A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING FOR THE CO-NAMING OF CONVENTION CENTER DRIVE AS “MUHAMMAD ALI WAY” ON TUESDAY, NOVEMBER 29, 2016 AT 9:00 A.M. AND DIRECTING THE CITY CLERK TO PUBLISH THE APPROPRIATE PUBLIC NOTICE. Transportation Mayor Philip Levine Addendum added on 11/8/2016 ACTION: Resolution 2016-29650 adopted. Public Hearing for a Special Commission Meeting is scheduled for November 29, 2016 at 9:00 a.m. Motion made by Vice-Mayor Malakoff; seconded by Commissioner Alemán. Voice vote: 7-0. Jose Gonzalez to handle. Mayor Levine stated that the idea is to promote tourism during Art Basel as much as possible. He suggested moving forward with this now and subsequently doing the street sign. This would be a positive move for the City; perhaps they can reach out to the family and organize this with the Communications Department. Tonya Daniels to handle. City Manager Morales announced that the Art Basel Press Conference is Wednesday morning. Raul J. Aguila, City Attorney, clarified that the idea is to call a Special Commission Meeting the week of Art Basel to do the public hearing, and have the Co-naming Ceremony subsequently, and Mayor Levine agreed. He added that there is a 5/7 vote requirement. Discussion held regarding available dates. Jimmy L. Morales, City Manager, recommended having the meeting before Art Basel. Mayor Levine suggested having the meeting in the morning of November 29 followed by a media event. City Manager Morales informed the City Commission that co-naming the street also requires County Commission approval, and although he doubts that the County Commission would be able to get it through their process, the City can still have the press event, and subsequently adopt the County Commission’s approval. Mayor Levine suggested unveiling a sign and then the County can approve the co-naming designation retroactively. City Clerk Granado announced that he would advertise the Special Commission Meeting for November 29, 2016 in the morning at 9:00 a.m. Commissioner Alemán added, for the record, that she is in full support of this item, but is concerned about opening the floodgates on renaming streets; but this is unique and special, and she is in favor of it this one time. Vice-Mayor Malakoff explained that the Ordinance allowing for this sunsets in six months. Page 70 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach City Attorney Aguila asked if the intent of this City Commission was to sunset this provision after six months. He added that the City Commission can sunset it earlier, if it wishes to do so. Mr. Granado reminded Mr. Morales the required memorandum to call a Special City Commission. Office of the City Manager to handle. R9 - New Business and Commission Requests R9 A BOARD AND COMMITTEE APPOINTMENTS. Office of the City Clerk ACTION: The following appointments, reappointments and changes were made: AFFORDABLE HOUSING ADVISORY COMMITTEE Roger Shields TE. 12.31.18 TL 12.31.23 Reappointed by Commissioner Arriola AUDIT COMMITTEE Sandford Horwitz TE 12.31.18 TL F.S 218.319 Reappointed by Commissioner Arriola BUDGET ADVISORY COMMITTEE Steven Zuckerman TE 12.31.18 TL 12.31.23 Reappointed by Commissioner Arriola Ronald Starkman TE 12.31.18 TL 12.31.23 Reappointed by Commissioner Steinberg COMMITTEE FOR QUALITY EDUCATION IN MIAMI BEACH Betsy Mateu TE 12.31.18 TL 12.31.21 Reappointed by Mayor Levine Jessica Rivero TE 06.30.17 Appointed by Biscayne Elementary PTSA Joshua Levy TE 12.31.18 TL 12.31.23 Reappointed by Commissioner Arriola Judith Berson-Levinson TE 12.31.18 TL 12.31.21 Reappointed by Commissioner Malakoff COMMITTEE ON THE HOMELESS Calvin Kohli TE 12.31.18 TL 12.31.22 Reappointed by Commissioner Malakoff CONVENTION CENTER ADVISORY BOARD Brian Gilderman TE 12.31.18 TL 12.31.22 Reappointed by Mayor Levine Peter Matos TE 12.31.18 TL 12.31.23 Reappointed by Commissioner Arriola DISABILITY ACCESS COMMITTEE Danielle Klahr TE 12.31.18 TL 12.31.24 Appointed by Commissioner Malakoff Oliver Stern TE 12.31.18 TL 12.31.21 Reappointed by Commissioner Grieco Sabrina Cohen TE 12.31.17 TL 12.31.17 Reappointed by Commissioner Arriola LGBT ADVISORY COMMITTEE Craig Garmendia TE 12.31.18 TL 12.31.23 Reappointed by Commissioner Arriola Dale Stine TE 12.31.17 TL 12.31.17 Reappointed by Commissioner Malakoff David Leeds TE 12.31.18 TL 12.31.21 Reappointed by Mayor Levine Michael Bath TE 12.31.17 TL 12.31.17 Reappointed by Commissioner Steinberg MARINE & WATERFRONT PROTECTION AUTHORITY Joel Aberbach TE 12.31.18 TL 12.31.23 Reappointed by Commissioner Arriola Morris Sunshine TE 12.31.18 TL 12.31.21 Reappointed by Commissioner Michael Grieco MIAMI BEACH COMMISSION FOR WOMEN Page 71 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Adrienne Krieger TE 12.31.18 TL 12.31.21 Reappointed by Commissioner Malakoff Barbara Kaufman TE 12.31.18 TL 12.31.23 Reappointed by Commissioner Arriola Jill Shockett TE 12.31.18 TL 12.31.22 Reappointed by Commissioner Malakoff Mercedes Carlson TE 12.31.18 TL 12.31.18 Reappointed by Commissioner Grieco PARKS & RECREATIONAL FACILITIES BOARD Robert Gonzalez TE 12.31.18 TL 12.31.23 Reappointed by Commissioner Arriola POLICE/CITIZENS RELATIONS COMMITTEE Adam Kravitz TE 12.31.18 TL 12.31.23 Reappointed by Commissioner Arriola Meryl Wolfson TE 12.31.18 TL 12.31.21 Reappointed by Commissioner Malakoff Pamela Brumer TE 12.31.18 TL 12.31.23 Reappointed by Commissioner Arriola Richard Hull TE 12.31.18 TL 12.31.23 Reappointed by Commissioner Alemán SUSTAINABILITY COMMITTEE Michael De Filippi TE 12.31.18 TL 12.31.21 Reappointed by Commissioner Arriola TRANSPORTATION, PARKING, BICYCLE-PEDESTRIAN, FACILITIES COMMITTEE Alan B. Fishman TE 12.31.18 TL 12.31.24 Appointed by Commissioner Grieco Effective 1/1/17 Liaison Appointments Human Rights Committee Marcia Monserrat Effective 12.1.16 Mayor’s Blue Ribbon Panel on Sea Level Rise Bruce Mowry Effective 11.16.16 Miami Beach Commission for Women Gloria Campos Effective 12.1.16 TE: Term Ending TL: Term Limit R9 B BOARD AND COMMITTEE APPOINTMENTS - CITY COMMISSION APPOINTMENTS. Office of the City Clerk ACTION: Item not heard. Handouts and Reference Materials: 1. City Commission At-Large Appointments – Release #1, #2 and #3. 8:31:11 a.m. R9 C DR. STANLEY SUTNICK CITIZEN'S FORUM. Office of the City Clerk ACTION: The following individuals spoke: 1. David New, President of Power Access Inc., announced the first annual South Beach Jazz Festival. Fifteen years ago, he was blind, deaf and paralyzed and his physician told him he was terminal. He never imagined that in the future he would teach thousands of children how to overcome the challenges, and that he would be working with some of the largest companies in the world to create accessible technology for people with disabilities, or that he would be producing groundbreaking events that would create tolerance, understanding, communication and community. He did it all. The South Beach Jazz Festival will invite dozens of musicians who would be Page 72 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach performing on stages throughout the City, some events are free, others ticketed; and many of these musicians are world acclaimed, and have disabilities. It is essential to any great movement that their leaders, not only support and show up, but also be a part of it. He invited the members of the Commission to be a part of the first South Beach Jazz Festival. Vice-Mayor Malakoff accepted the invitation and stated that she would love to be part of this exciting event. She thanked Mr. New for the many years he chaired the Disability Access Committee and for all his work, and being a productive member of the community. In answering Vice-Mayor Malakoff and Commissioner Alemán’s questions, Mr. New explained that the event is from December 7-11, 2016; the website is www.sobejazz.com; tickets are available online, there would be an online auction, a Go Fund Me campaign and many other entertainment activities at two free stages on Lincoln Road on December 10 with all-day performances from 1:00 p.m. to 11:00 p.m.; and dining in the dark event at Nexxt Café that evening. In addition, they will have a Kosher Jazz Brunch; there would be Colony Theater events with Raul Midón, Dr. Ed Calle’s 20-piece Orchestra, an event at Hotel Astor and much more. 2. James Rauh explained his client Thomas J. Donall, owner of Palace Bar, discovered an issue yesterday that he wanted to bring to the Commission’s attention. The venue would be demolished in July, but through that period his sidewalk café operation is one of those venues that is not feasible to move to the west side, and the City guidelines and the 10-Point Plan took into account that there are venues that may fall in this category. The Administration recommended that they bring this up to the City Commission’s attention for approval. There is a show at the venue whose conditional use permit (CUP) specifically warrants the way the sidewalk café works. The employees at the north and south side of the sidewalk café make sure the pedestrian path is clear, so it becomes an integral part of the operation, and the CUP requires them to staff that area, so that there is a free flow of pedestrian traffic. They are asking for the City Commission to give direction to the Administration if they agree with the venue falling within one of those categories where it is not feasible to move all the chairs to the west side; and this would be for a very short term, as the building is undergoing construction soon. City Manager Morales stated that the direction given by the City Commission is to try to get rid of gauntlet. Mr. Rauh is correct in that they have the ability to have outdoor entertainment on the sidewalk with their CUP. They suggested getting rid of the gauntlet by moving the tables west, and then allowing the show outside; they are asking to keep that gauntlet in front of their restaurant until July and issue a permit at that time. Discussion held. Commissioner Rosen-Gonzalez does not see a problem with this, but is concerned about the appearance of special treatment. They need a justification. Mr. Rauh explained that this is unique in that there is a development order with a CUP that governs the outdoor entertainment, and they are maintaining the pathway Page 73 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach with employees during show time, and he has not seen other CUPs with that kind of permissions. City Manager Morales learned about this recently, and The Palace Bar has, in their development order a CUP that allows them to keep it open, but they were not taking away that right; only adjusting the tables, but they want the ability to keep the tables at their current location and that is why this is being discussed now. Commissioner Rosen Gonzalez loves the show. City Manager Morales added that if the City Commission agrees to keep that piece of the gauntlet remaining until July, then they will issue the new permit accordingly for this year; if not; they will issue the permit without it. Commissioner Arriola stated that while doing the 10-Point Plan, with the Palace Bar being so unique, iconic and important to this street, certain exceptions and considerations were made, he thinks because part of what The Palace is are the performances that occur in front of the establishment. Commissioner Arriola is in agreement having an exemption here, so long as they can point to a reason for it, and treat other folks fairly. They can get there, in terms of him doing this for a long time, the experience, customers there, it is almost essential to the operation, as opposed to serving food on one side or the other, which is not essential where it is located. Commissioner Arriola stated that an exemption could be made to justify it. City Manager Morales explained that he is not aware of any other CUP for sidewalk entertainment for Ocean Drive. Discussion held. MOTION TO ISSUE THE CUP WITH THE GAUNTLET: Motion made by Commissioner Rosen Gonzalez to allow the Conditional Use Permit with the gauntlet until July 31, 2016 and this would be reflected in the CUP issued; seconded by Commissioner Alemán. Voice vote: 7-0. Eric Carpenter to handle. 3. Daniel Ciraldo sent an email regarding item C7 O, which would allow a development application to proceed to the different processes before the actual zoning has been voted on regarding nonconforming heights by the City Commission. He asked if the item could be separated, and it was confirmed to him that the item had been pulled by two Commissioners. Mr. Ciraldo mentioned that he reached out to the Florida Condominium, who was unaware of the proposal. He suggested following the normal process, so there is no need for a last minute accommodation. 4. Robert Lansburgh read the following proposed ballot title and ballot summary into the record: Charter Amendment Requiring Voter Approval for Rails or Tracks to Be Placed in City Streets. Shall the City Charter be amended by adding a provision requiring voter approval in a Citywide election prior to City Commission authorization or implementation by a City Official light rail transit (LRT), Page 74 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach streetcar, or comparable system, or any part thereof, that requires or involves laying of rails or tracks in a City public right of way? He asked support from the City Commission in pushing this through the Office of the City Attorney and to the public, as he intends to get the required signatures to fix the City Charter. He thanked everyone for their services. Handouts or Reference Materials: 1. Proposed Ballot Title and Ballot Summary 2. City Charter Amendment – Initiative Petition Form 5. Dr. Michael Hall stated that many in the community are aware that the City and the County are in serious talks with Oxitec, the FDA and the CDC, regarding the introduction of a genetically engineered mosquito into the community. Many have been upset about the spraying of Naled onto the community four separate times without following the EPA guideline and this was reported to the Department of Health. Dr. Hall added that there are other things that could be done to mitigate the risks of Zika that are not being addressed. To go to the extent of incorporating a gene, namely OX513A, which is from a coral, into the DNA of the mosquito; the very scientists believe this can doom any progeny of the larvae stage in a mosquito but there are also other genes into this mosquito that may have impact. This action has been unproven in Brazil, and in recent studies, Fatima Marinho, Ministry of Health, Brasilia, Brazil, said in October that they do not believe Zika is the only cause for the cerebral microcephaly occurring in the northeast region. As a scientist, and he is here only as a precautionary voice, he asked if this is safe or not. This community is progressive and motivated to make change occur, but must be considered very carefully. As funds enter the CDC from the Federal Government of about $1.1 billion, $400 million of that is allocated for vaccine, and only $20 million is allocated for things that can change the mosquito breeding (boots on the ground). Before releasing this GMO into the community, they must be very cautious and concerned about what could potentially occur, and of the unintended consequences. In medicine, every physician commits to do no harm. As decision makers, as a physician, resident, taxpayer and voter, he wishes that the City first do no harm to the community, and focus the resources on the best, safe and most prudent mosquito practices available. Anyone violating the trust of the public by suggesting or deciding to do otherwise would be held accountable. Vice-Mayor Malakoff stated she was the only negative vote on the Oxitec mosquito at the time. Commissioner Rosen Gonzalez believes that they need to explore every solution and they need every possible tool to fight Zika. She added that yesterday the Keys voted on the GMO mosquito and it passed. She recommended that his speech would be great at the County, since they are in charge of mosquito control. She added that no one is pushing anything, but only exploring every possible option. The Orthodox community is very concerned and they want to know that the County can reduce the Aedes Aegypti by 95%, and they are actually doing that. Mosquito counts are reduced. She stated that if the issue becomes controversial, she would look into placing the ballot question to a vote of the people, but she believes in the scientific methods, has done her research and believes it is an economic possibility, and is one that is a non-toxic solutions based on what the community asked from the City. The Page 75 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Resolution sent to the County included forming some sort of Mosquito Committee, and this should be pursued at County level. She recommended that Dr. Hall speak to Alina T. Hudak, Deputy Mayor, Miami-Dade County, and County Commissioners Sally Heyman and Bruno Barreiro, ask about this committee, and perhaps even serve on it if interested. Dr. Hull practices a form of integrative functional medicine and they know the GMO products introduced in the food chain are producing glyphosate, resistant plants and BT toxin. He added that an MIT scientist has clearly linked some of these toxins to autism. They were sprayed with a poison that created harm for the community, psychological and physical harm, perhaps, and this has not been addressed. Introducing something that has never been proven to be effective, and it is science fiction to him, and does not follow precautionary principles, is incredibly dangerous. Discussion continued. Commissioner Alemán thanked Dr. Hall, and she was in support of Naled spray during the emergency health situation, she shares his concerns regarding genetically modified organism. 6. Albert Gomez read language into the record. Since the dais relies on scientists, experts, and government administrators when making decisions on public health and security, they must ensure to use scientific methods when analyzing solutions, data, and drawing conclusions from the science. They are currently collaborating and sharing data with the lead GIS data collection group from Brazil; they have been active in the northeast and expressed concerns that the virus spreads throughout Brazil, but rates of microcephaly condition have only risen to high rates in the north section of Brazil. The northeast region is the only area where the GMO mosquito was tested. This would create concern to force them to ask if all procedures are working; it requires them to do trouble shooting on the procedures and carefully check all steps and set up. Is this a viable solution for Zika management? Ninety percent (90%) of the mosquito data that Oxitec is claiming is not calculating the increased traps, larvacide efforts or major boots on the ground campaign put forth. He added that the emergency use authorization would probably be lifted on Monday. He would be meeting tomorrow morning with the President and CEO of Truly Nolan, with Alina T. Hudak and two other pharmaceutical companies that have alternatives similar to Bti, and are across the board including their scientific boards, with boots on the ground approach. He stated that if anyone would like to meet with the team assembled, they will show firsthand details collected, and Brazilians are also willing to share their data. He suggested for the City to have an open door policy to communicating best practices across all positions. Commissioner Rosen Gonzalez suggested for Mr. Gomez to contact her office to schedule a meeting with his team and form an advocacy group perhaps. David Zaret to handle. Discussion continued. Handouts and Reference Materials: 1. Document distributed by Dr. Michael Hull 2. Document distributed by Albert Gomez Page 76 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 1:05:57 p.m. R9 C DR. STANLEY SUTNICK CITIZEN'S FORUM. Office of the City Clerk ACTION: The following individuals spoke: 1. Ruben Kemnitzer gave his educational and travelling background for the record, and stated that any modern City that wants to stay competitive needs a modern intelligent transportation system in plan. An integrated plan can significantly help the City reach objectives, economically and socially, and in bringing the community together. A poorly designed transportation plan can also ruin the City. The City’s existing transportation plan as it stands will ruin the heart of Miami Beach. He is shocked that in such a modern City, such a horrible plan is even being considered. This is a train that goes nowhere, benefits no one, and will cost more money they can ever conceive. He urged the City Commission to reconsider the plan and concluded by saying that as a resident of the City, he wanted to express his frustrations without offending anyone, but he is deeply offended and disturbed. 2. Dan Kipnis spoke on Item R9 L sponsored by Commissioner Rosen Gonzalez having to do with the timing limit at the Collins Canal. An LTC has been prepared by the Marine and Waterfront Protection Authority, for City Manager’s approval, recommending a maximum of three-hour time to give time for people to go shopping, running errands or attending medical visits, and they need to do this for tourists that get off cruises to get supplies. 3. Neisen Kasdin, representing Faena, introduced Jerry Torres, Director of Faena events. They came in front of the City Commission for approval of the parade, which was applied for 23rd to 26th and Collins; the route has changed, so it would be from 32nd to 36th, in front and around the Faena property. They also need to utilize a portion of Indian Creek from 32nd to 36th. Mr. Torres can explain the logistics, but this needs to be approved by the City Commission. Jerry Torres, Event Director at Faena, explained that they want to minimize the impact to the residents below 32nd, so they want to utilize one of the lanes on Indian Creek for pre-staging to stage some vehicles to avoid affecting over 20 blocks. They are working with the two buildings affected, the King David and Portugal Towers, and assured them that they will have access to the property to come in and out all times. They are also leaving a 15-foot lane for emergency vehicles and met with the Fire and Police Chiefs so first responders have access for emergencies on the streets requested. Commissioner Alemán asked what the meaning of the black dots is in the map, and to expand on the duration of the event. Mr. Torres answered that they are requesting Collins Avenue from 9:00 a.m. to 9:00 p.m. to set up. The event is from 3:00 p.m. to 6:00 p.m. Mr. Torres responded that the black dots represent the performance area, and the green represents the staging area. Vehicles would be staged on 36th and along Indian Creek on the meters via the dotted line route. There would be an open lane south on Indian Creek with access at all times. Page 77 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach City Manager Morales clarified that the red line indicate a lane open, but it is only going to be for emergency vehicles, buses and local access vehicles. No other vehicles would be able to access. Portions of the roads would be closed for 12 hours, others for less, but what is new now, as compared to what was discussed earlier, is Indian Creek. From a staff perspective, there is a level of discomfort, as it is Sunday, Thanksgiving Weekend, people travelling and coming to Art Basel and Design Miami, so it is a challenging situation. Discussion held. Mr. Torres added that they are closing the street at noon so they can have the stage vehicles come in and park in the meters. Indian Creek would be released at 7:00 p.m. Commissioner Rosen Gonzalez asked how they would inform travelling people and everyone living south of the area. Mr. Kasdin answered that there would be message boards in advance, and they will notify all the buildings in the area. Commissioner Grieco agrees with Commissioner Rosen Gonzalez that message boards are not enough. There must be some sort of assurances by Faena that there is direct contact with the management of every building between 23rd and 32nd and then from 36th to 41st. The issue they will have is similar to what happened the other day when there was a gas leak on the City of Miami side of the Venetian Causeway, where there were hundreds if not thousands of cars going west, and they realized they had to return. If everybody in that stretch knows what is going on, he is in support. Part of the deal must include having direct conversations with everybody. Mr. Torres added that they are personally visiting the buildings and exchanging contact information in case they need to communicate with them. Commissioner Rosen Gonzalez added that what might make it a more positive experience is to send an email inviting everyone to the parade and notifying the street closure for the parade. She requested the City’s Communications Department to send out parade and street closure notifications. Tonya Daniels to handle. Commissioner Alemán clarified that the single open red lane on Collins has accessibility limited from 9:00 a.m. to 9:00 p.m. to only emergency vehicles and buses. Did they know that when they voted on this? City Manager Morales clarified that the City Commission voted on closing two lanes, and keeping one open. Further discussions clarified that having a third lane open to all traffic could create some real safety issues for people attending the parade, and the interaction between vehicles and people. Commissioner Alemán expressed her concern of shutting down Collins all day on the Sunday after Thanksgiving. Commissioner Steinberg appreciates the vision; last month she was not in support, and since this now a definitely a full closure with additional lanes, she will not be able Page 78 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach to support it, for safety reasons, back up traffic, emergency situations, etc., but she appreciates what they are trying to do. Discussion continued on the location and times options. Vice-Mayor Malakoff suggested having a Police Officer directing traffic away from 23rd Street. Police Chief Oates to handle. In answering Vice-Mayor Malakoff, Mr. Torres stated that message boards would be placed in advance in the entire area, including Pine Tree Drive. Parade visitors can park on the parking lot between 35th and 36th, which would be accessible and open; also, the parking lot on 41st is available, and they are encouraging people not to drive to the event. Vice-Mayor Malakoff requested sending text messages with instructions to park at the designated garages. Tonya Daniels to handle. She asked if shuttles could be provided, and Mr. Torres stated that the shuttles could be provided and are actually in the plan. Commissioner Rosen Gonzalez added that this is going to be disastrous to have an event from 9:00 a.m. to 9:00 p.m., she suggested 12:00 Noon until 5:00 p.m. Neisen Kasdin stated the City Commission approved the closure of the two lanes from 23rd Street, and now is only 32nd and 36th. The City has determined that there should be a limitation on the vehicles in the remaining open lanes, and that necessitated them to embark and come back with a new plan, and to shrink the route, and so that is why they are here today. Commissioner Arriola was under the impression that this was a small festival, not a 12-hour event. Mr. Torres added that the duration of the event could be reduced if needed, but the barricade still has to be set up around the perimeter and that is time consuming. If they begin setting up at 10:00 a.m., and remove barricades by 8:00 p.m., that may be an option, this would be only on Collins Avenue. Commissioner Alemán confirmed that there would be one openly passable lane at all times for southbound traffic on Indian Creek, and zero openly passable lanes northbound for that period. Discussion continued. Commissioner Steinberg reiterated her lack of support for this item. Mr. Kasdin requested that the City Commission give provisional approval of this, subject to further sitting with staff in terms of hours and other logistical questions, to see if they can reduce hours as much as possible and limit the impact. Commissioner Alemán is agreeable to that that. She wants this amazing parade to happen and they appreciate their efforts. These are main thoroughfares, and she is sponsoring an item on the agenda for dramatically increasing the fees for doing Page 79 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach exactly this, due to the pain and suffering inflicted on all drivers. She asked Faena to go back to the drawing board. Mr. Kasdin needs authorization to use some or all of the streets, then go back, and sit with the Administration. Commissioner Grieco stated that when Faena came to Miami Beach, everyone used the term “game changer.” When Mr. Kasdin came with this proposal, he had the same reaction some of his colleagues are having now first time around. They deal also with the Yacht Show and other events that have been going on in perpetuity for years. He considers what Faena is doing, and what they would be doing in finally opening up the Faena District, is a more worthy cause, and is worth as much flexibility as they can give them, especially with the recent negative publicity. They need to embrace this event, since this event will bring positive headlines and the images they want to be seen all over the Internet and South America. He is in support of giving a provisional approval, and if any of the City Commissioners want to participate with staff and discuss further, they could do that. He is not 100% comfortable with this, but they need to let the vision of what they are trying to do reveal itself. Vice-Mayor Malakoff stated that his colleague is correct. The City is known for cultural tourism, they have the NWS, Miami City Ballet, the Bass Museum, and the Faena forum is just part of it. She thinks they need to do this, get the message out internationally, and the parade and all the art they put into it for the past two years; but she also agrees with opening the streets quicker and getting the message out to surrounding residents, and agreed to do provisional approval. She suggested they work with staff further, with Police, Fire, Parking and Transportation to see what they can do to make it less painful to residents and visitors travelling on Collins, but they definitely want a successful parade. Mr. Kasdin appreciates the recognition and added that this represents over a billion dollars in investment in the City, with a magnificent acclaimed restoration of The Saxony Hotel, and all the buildings across will open up, and this marks the dedication. It is a solemn moment in terms of the City, its image, tourism and culture. They appreciate the City working with them on that. MOTION: Motion made by Commissioner Alemán to provide the requested conditional approval and use their creativity in working with staff to help with the logistics in planning and trying to tighten the belt as to staging and timeframes. Also, include in the motion is the notifications all religious institutions; seconded by Commissioner Grieco. Voice vote: 5-1: Opposed: Commissioner Steinberg. Absent: Mayor Levine. Chief of Police Oates, Fire Chief Fernandez, Saul Frances and Jose Gonzalez to handle. Handouts and Reference Materials: 1. Tide by Side Faena District Opening Processional Performance. 4. Matis Cohen stated that the whole world is watching Miami Beach actions on how we are battling and fighting sea level rise, this Commission through its actions have stripped away property owners’ rights and has put them in imminent danger. While reviewing the Master Plan process and the decisions this Commission has Page 80 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach taken over the last year, he has a number of questions: how would you reconcile the economic physical life safety risks the local designation will exasperate; what recommendations of the Master Plan made for revitalizing North Beach? Not one incentive. How does local designation further and further regulation promote investment? What will the recommended infrastructure demands cost the City and how will they pay for them? How can you preserve before evaluating them? How will limiting the housing supply reconcile with the City's goals of promoting workforce housing. What protection is offered to the preservation proposed area against the property tax increases, insurance increases, and potential inability of insurance or value reduction? Why was there a zero cost analysis done and what will it cost to protect these properties under the proposed designation? How can the City not see the hypocrisy in creating code that requires all new buildings to meet LEED standards gold and minimum BFE elevations while locking these properties under sea level? Why does the City ignore the prerequisite of an impact study before allowing zoning in progress and a moratorium to begin? How can this Administration ignore the facts and objectives of the City of rising above and undermining its future with locking these properties below water? Why have not they heard from AECOMB, the resiliency department and effects of potentially catastrophic decision; why we ignore every scientific economic social study of the housing crisis and bow to preservation MDPL and the loudest voice in the community? The statute is clear. It is the legislative bodies’ responsibility alone to plan for the City's best interest. Local designations tend to amount to deny the irrefutable science and the effect it already has on our City. If any of the answers is Town Center, then he urges this Commission to move swiftly and in tandem to increase the FAR, incentivize and unify the zoning in the Town Center. Why accelerate local designation and further impediments as opposed to incentives? Thank you. 5. Stanley Shapiro stated that last year the City selected Corcoran Associates as State lobbyists. Richard Corcoran, his brother, is now the Speaker of the House. He referred to an article in The Miami Herald, dealing with transparency. He suggested that the City Commission reads it and come back with their thoughts at the next City Commission meeting. 4:14:48 p.m. SUPPLEMENTAL MATERIAL 1: ADDITIONAL INFORMATION R9 D DISCUSSION ITEM REGARDING ELEVATIONS. Deferred from October 19, 2016 - R9 M Commissioner John Elizabeth Alemán Supplemental updated on 1/14/2016) ACTION: Discussion held. Thomas Mooney to handle. Commissioner Alemán stated that regarding sea level rise, there are many terms that are used that the public may not understand, such as: base flood elevation +1, +5, etc. She asked Mr. Belush to explain the terms to the public as he goes about his presentation. Michael Belush, Chief of Planning and Zoning, showed a PowerPoint presentation. Click here to access. Page 81 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Commissioner Alemán clarified that the map shown in the presentation indicates what action, if any, the City will take regarding roads, and by how much the elevation will change. Commissioner Rosen Gonzalez stated that the City needs to be careful in considering the flood mitigation elevations in North Beach, because structural changes to the buildings may take away the charm and uniqueness of the area. Matis Cohen stated that the diagram needs to be corrected because it currently shows the minimum height to start a property at BFE, when it should be BFE +1. Michael Belush, Planning Department, to handle. Commissioner Alemán instructed Mr. Belush to correct the diagram. R9 E DISCUSSION REGARDING THE BLACKSTONE EVICTION. Deferred from October 19, 2016 - R9 AC Commissioner Kristen Rosen Gonzalez ACTION: Item withdrawn. 4:26:43 p.m. R9 F DISCUSSION REGARDING EMPLOYEE SUGGESTION PROGRAM RECOMMENDATIONS. Office of the City Manager/Organization Development Performance Initiatives ACTION: All three suggestions were approved by acclamation. Dr. Leslie Rosenfeld to handle. Dr. Leslie Rosenfeld, Organization Development Performance Initiatives, introduced the item. She explained that City Manager Jimmy Morales implemented a recognition program in June 2015. One of the programs implemented was an employee suggestion program; employees made approximately 19 suggestions last fiscal year, three of them were selected for implementation. The three programs are a managed travel program, an automatic hand dryer program, and an electronic bulletin board program. Mayor Levine asked the City Manager if there was anything they needed to do. City Manager Jimmy Morales asked the City Commission if he should read each suggestion or if they read the suggestions and want to give him approval to move forward. Mayor Levine asked his colleagues if they are in agreement with the three suggestions, to which they replied “yes.” All suggestions were approved by acclamation. Page 82 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 4:27:53 p.m. R9 G DISCUSSION TO CONSIDER STEPS TO BE TAKEN TO SAVE THE SOUTH BEACH LOCAL - STATUS UPDATE. Transportation Brought back from October 19, 2016 - R9 AB Commissioner Kristen Rosen-Gonzalez ACTION: Discussion held. Item to come back to the December 14, 2016 Commission Meeting. Lilia Cardillo to place on the Commission Agenda, if received. Jose Gonzalez to handle. Jimmy L. Morales, City Manager, stated that he spoke with Alice Bravo on November 8, and she is preparing a written report, which would be ready for the December 14 meeting. 4:28:24 p.m. R9 H DISCUSSION REGARDING PROPOSED RELOCATION OF THE STORMWATER PUMP STATION ON SUNSET ISLAND NO. 4 WITHIN SUNSET LAKE PARK. Capital Improvement Projects ACTION: Discussion held. Item deferred until the November 18, 2016 Special Commission Meeting. Lilia Cardillo to place on the Commission Agenda, if received. David Martinez to handle. DIRECTIONS: • Bring item back to the November 18, 2016 Special City Commission Meeting; • Come up with a remediation in the future to have a sign off by the HOA after 100% review to prevent issue coming back to the City Commission; David Martinez, Capital Improvement Projects Director, stated that after they began the design process in Sunset Islands III and IV, the HOA asked them to move the pump station that was to be located near the entry bridge into the small Parklet inside the island called Sunset Lake Park. They moved the pump station, and it was designed approximately ten to twelve feet away from the furthest property line. Recently the HOA realized how close that pump station is to the property line, and they requested them to locate the remaining components further away from the property line, at about 50 feet. They discussed with the contractor, and to do that they are looking at $140,000 to $200,000 to design, permit and build the remaining components in that location. In terms of the dollars, there is contingency available, but they are seeking direction from the City Commission, as to proceeding to spend the money from contingency and move the pump station further from the property line. Commissioner Alemán stated that the plans were approved on November 9, 2016, and she asked if the HOA was not part of the design approvals. Mr. Martinez explained that the current location is 10 to 12 feet away from the property line, and in relation to the ones they are doing in the Venetian Islands, which could be one to two feet away from the property line, this one was located as far away from the bridge and right- of -way, with enough distance to buffer around the property. Again, the contingency funds are available; however, this is a request from the HOA. Page 83 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Vice-Mayor Malakoff stated that they need to know how many people who actually live in the area actually voted for the first one, and how many voted on the second one. Mr. Martinez added that the original design criteria, before it went out for solicitation, the current board worked with the City and the pump station was located within the right-of-way, on the left side of the entry bridge, adjacent to the park. After they started, discussions related to historical bridge were held, issues came up related to blocking views, and the HOA asked that they relocate the pump station to the Park, as far away from the bridge. This was done as part of an Amendment to the contract. Once they realized that it was too close to their property line, in their opinion, they want it now moved further away. In Mr. Martinez’s opinion, it works in the location where it is, but he assumes that residents want it as far as possible. Discussion held. Mayor Levine suggested deferring this item and there was consensus. Mr. Martinez will provide photographs at the next meeting. He has directed the contractor to stop construction. Jimmy L. Morales, City Manager, suggested bringing this item back in November. This has had a great deal of community generated changes that have added many dollars to the project. Commissioner Alemán suggested moving forward with these project. Discussion held. Marilyn Freudlich, Sunset Harbour resident, explained that they have a pump in front of their townhomes, and they have begged the City for two years to have it beautified, perhaps with a sign. They were told funds were not available. She was told the money was used to do something on Bay Road, that they needed to have a generator, but they did not know where the generator would go. The last they heard is that there was no money for it. Mayor Levine asked Mr. Carpenter to speak on the pump station designs. Eric Carpenter, Assistant City Manager and Public Works Director, explained that this is an item that they were instructed to come up with conceptual designs, and bring it to the Design Review Board (DRB). It has been longer that what he hoped to get it in front of DRB, but he was told by staff that they would be on the January 2017 agenda for the DRB. Vice-Mayor Malakoff added that the design goes in front of the DRB, there were three designs, one was for residential area, one for landscaping and artistic, perhaps good for Sunset Harbor, and a third concept. Discussion continued. Commissioner Steinberg recommended bringing the item back to the November 18, 2016 Special City Commission Agenda. Mr. Martinez explained the need for bringing this item to the City Commission. Page 84 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Commissioner Alemán suggested coming up with a remediation in the future to have a sign off by the HOA that after 100% review; it cannot continue to go back to the City Commission. 3:42:52 p.m. R9 I DISCUSSION REGARDING EXTENSIVE STREET LIGHT OUTAGES AND RESPONSIVENESS FROM CITY, STATE AND FPL. Commissioner Michael Grieco ACTION: Discussion held. Eric Carpenter to monitor and handle if necessary. Commissioner Grieco stated that there have been too many major outages occurring throughout the City. Some residents have complained that they are afraid to walk outside at night because it is so dark. Commissioner Grieco would like to see what could be done to resolve the issue. Aletha Player, FPL representative, stated that fortunately, hurricane Matthew did not hit South Florida, but it did hit Central and North Florida with great strength. This has contributed to the outages, because FPL teams have been focusing on the areas hit by the hurricane, and have had to play catch-up with all other areas, including Miami Beach, that have experienced outages. Although the City and FPL have a good relationship, more could be done to improve it. Eric Carpenter, Assistant City Manager/Public Works Director, stated that there were 171 notices of outages, which were due to the king tides. King tides raise the water level and interfere with the City’s electrical components. During these cycles, the City experienced problems with the streetlights, and they have been notifying the community about these episodes. Vice-Mayor Malakoff stated that during some periods of rain in Middle Beach the lights go out constantly. She believes it is due to a bad transformer, yet despite repeated complaints, FPL has not modernized or placed new equipment. Ms. Player stated that the area Vice-Mayor Malakoff is referring to has many trees, and these trees often interfere with the power grid. It is not a transformer problem. Commissioner Alemán asked whether undergrounding power lines and equipment would be less susceptible to tree interference. Ms. Player replied that they would indeed be less susceptible to tree interference if undergrounded. Commissioner Steinberg asked when FPL would make undergrounding easier. Ms. Player responded that FPL is making undergrounding easier. Commissioner Alemán asked if the king tides have more, less or the same negative impact if the system has been undergrounded versus not. Do high tides affect undergrounded systems differently? Eric Carpenter, Assistant City Manager/Public Works Director explained that the lighting problem in Indian Creek and Collins, in the 3100 block, was due to an underground Page 85 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach transformer that was burned out during the king tide event because it was an underground piece of infrastructure that must have been inundated with high water Commissioner Alemán asked if the transformer in question was a new one with new technology. Ms. Player stated that she does not believe it was a new one. However, whenever water gets into the equipment – and she remembers seeing a photograph of this particular transformer vault, and there was standing water. Commissioner Alemán is trying to ascertain the performance of these underground systems in our environment, as we are seeing this new system being rolled out in some of the islands. Ms. Player stated that FPL has not completed any new underground systems. They are in various planning stages of undergrounding through the City. Commissioner Grieco stated that this was a healthy conversation. Commissioner Grieco stated FPL has placed underground transformers adjacent to an area that regularly floods, he is wondering if FPL would consider assessing some of their underground transformers and making them more resilient, possibly raising them up like the City does with its electrical panels for the City’s pump systems. The City is keeping as much above the flood plain as possible, and if there are underground transformers that will burn out repeatedly with king tides, he is concerned. Ms. Player stated that FPL is aware of the process the City is going through with elevating the streets and taking other measures with the City pumps. Because of those measures being taken by the City, FPL has done an assessment starting with FPL’s substations. The one of 20th Street, near the Publix, FPL has installed pumps and other internal equipment. Because when the City raises the street, FPL’s facility became a puddle. FPL completed that assessment and it has instituted a number of measures in order to mitigate the water situation. FPL is trying to ensure that its systems are as resilient as it could be, even on a Statewide basis. Eric Carpenter, Assistant City Manager/Public Works Director, reported that he has been in meetings with Ms. Player recently, were FPL has asked to not put underground vaults in, and the City has had to ask to put underground vaults in because of 1) either historic buildings do not have space in the buildings themselves to hold the new FPL switchgear and transformers; or 2) the City is receiving a great deal of pushback on the aesthetic side when putting above ground vaults for the transformers and switchgears. The City is constantly in a tug of war between historic, aesthetic and sea level rise. R9 J DISCUSSION REGARDING THE HOMEOWNERS' ASSOCIATION (HOA) REQUEST FOR CONVERSION OF NORTH AND SOUTH COCONUT LANES, ON PALM ISLAND, FROM TWO-WAY INTO ONE-WAY TRAFFIC CIRCULATION PATTERN. Capital Improvement Projects ACTION: Item approved by acclamation. See discussion with item R7 J. David Martinez to handle. Page 86 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Mayor Levine asked his colleagues if they are in agreement with converting two-way traffic to one-way traffic in Palm Island and stated this is what the residents on Palm Island want. The Commissioners confirmed they are in agreement with this. Mayor Levine asked his colleagues if they would approve the item by acclamation and there was unanimous consensus to do so. Commissioner Grieco complimented Pierre De Agostini on his work. Commissioner Steinberg told Mr. De Agostini that he did a great job with the presentation. Commissioner Alemán complimented Mr. De Agostini on his testimony. Pierre De Agostini, on behalf of Palm Hibiscus Star Islands Association, thanked the Mayor and Commissioners and stated he is fortunate to find a City that works closely with the Homeowners Association; the City is a great example of a corporation that works closely with the public and private. 9:53:07 a.m. R9 K DISCUSSION REGARDING IMPLEMENTING THE SAFER COMPASS PROGRAM IN THE CITY OF MIAMI BEACH. Commissioner John Elizabeth Alemán ACTION: Discussion held. Referred to Finance & Citywide Projects Committee. Motion by Commissioner Alemán; seconded by Commissioner Arriola. Voice vote: 6-0. Absent: Mayor Levine. Allison Williams to place on the Committee Agenda. Police Chief Dan Oates, Fire Chief Virgilio Fernandez, Charles Tear, John Rebar and Adrian Morales to handle. REFERRAL: Item referred to Finance & Citywide Projects Committee. TO DO: Analysis of City facilities and parks to determine with Safer Compass, Inc., which sites are best suited for the Z.E.R.O. program. Police Chief Dan Oates, Fire Chief Virgilio Fernandez, Charles Tear, John Rebar and Adrian Morales to handle. Commissioner Alemán introduced the item, and the Z.E.R.O. program, which is a navigational aide to assist first responders locating a critical area in an emergency. This program has been implemented in the City of Miami Beach at South Pointe Elementary. Miami Beach has one of the best first responder response times in the County and possibly the State, and she believes this program will make the response time even better. Jeffrey M. Childers started Safer Compass, Inc. after working in the law enforcement field for many years, coupled with extensive research, training and experience; Mr. Childers became aware of an urgent need for safety navigational aids upon a conversation with his wife, an elementary school teacher, who had no emergency plan in her classroom. Mr. Childers proceeded to plan and design the Zone Emergency Response Operation (Z.E.R.O.). With new patent pending technology and design, he launched Safer Compass, Inc. This company has grown and has realized significant benefits from that experience. There is no charge to first responders. Using this program reduces response time by 78%. Page 87 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Commissioner Alemán stated if her colleagues are impressed with the program, she would like to have an analysis of City facilities and parks to determine with Safer Compass, Inc., which sites are best suited for the Z.E.R.O. program. Fire Chief Virgilio Fernandez stated that the Fire Department uses something very similar. He believes this program would be most useful for the person making the 911 call. Every little bit can help cut down on the response time. Police Chief Daniel Oates echoed what Fire Chief Fernandez said. It is relatively easy to train his team on this, but it is not easy to train the public. Commissioner Rosen Gonzalez believes it is a great program. Commissioner Steinberg asked if other municipalities have implemented this system. PowerPoint show presented. Click here to view. 4:38:20 p.m. 4:47:41 p.m. R9 L DISCUSS THE ESTABLISHMENT OF A TIME LIMIT FOR VESSELS USING THE COLLINS CANAL DOCK. Commissioner Kristen Rosen Gonzalez ACTION: Discussion held. Hernan Cardeno to handle. Commissioner Rosen Gonzalez suggested placing a three-hour limit sign on the Collins Canal Dock to prevent vessels docking there and remaining for several hours. City Manager Morales stated that the current City code time limit is 20 minutes. The three- hour limit would give people much more time, possibly much more than necessary. Aleksandr Boksner, Deputy City Attorney, explained that there has traditionally not been signage placed at the Collins Canal Dock, but it could be installed if that is what the City Commission is requesting. Vice-Mayor Malakoff stated that she spoke to Captain Kipnis, and he suggested the three- hour time limit, because people will often dock their vessels and shop at the Publix supermarket to stock up on provisions. Twenty minutes is a very short time to complete a shopping run. Deputy City Attorney Boksner stated that having a time limit will only work if there is signage. Vice-Mayor Malakoff asked Mr. Boksner to check with the Waterfront Authority if they can place the 20-minute limit signage. Aleksandr Boksner to handle. See also Dan Kipnis’ statement during the afternoon Dr. Stanley Sutnick Citizen's Forum – Speaker # 2. Page 88 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach R9 M DISCUSSION REGARDING THE CITY OF MIAMI BEACH REBRANDING. Marketing and Communications ACTION: Item deferred until the December 14, 2016 Commission Meeting. 4:39:25 p.m. 4:39:25 p.m. R9 N DISCUSSION REGARDING PENALTIES ASSOCIATED WITH SHUTTING OFF STORMWATER PUMPS IN MIAMI BEACH OUTSIDE OF AN EMERGENCY. Returning from 10/19/2016 - R9 AG Commissioner John Elizabeth Alemán ACTION: Discussion held. Place “No Trespassing" signs on pump stations. Eric Carpenter to handle. REFERRAL: Referral to the Mayor’s Blue Ribbon Panel of Sea Level Rise to review proposed modifications to the pump stations for alarm and surveillance systems. Bruce Mowry to place on the Blue Ribbon Panel Agenda; Eric Carpenter to handle. Aleksandr Boksner, Deputy City Attorney, provided an update. Deputy City Attorney Boksner explained that they have researched the issue, and he has dealt with the matter when he worked in a previous County. There are two statutory provisions that could be utilized. One is tampering with or damaging sewer systems. Pursuant to Deputy City Attorney Boksner’s conversations with the Public Works Director, the pumps stations would technical fall within a sewer system. It is something that would be a potential charge that could be levied in the event that there is evidence of that. Secondly, there is another provision under Statutory Law, which is trespass and larceny in relation to utility fixtures. Deputy City Attorney Boksner does not see the need to adopt a separate Ordinance, because the City has measures in the books already. The real problem is enforcement and how the City obtains the evidence. These charges that Deputy City Attorney Boksner mentioned are not felonies; they are misdemeanors offenses, which means that they have to be observed in the presence of a Law Enforcement Officer. The City could use a video if the City identifies the individual, but it would require that the City file directly with the Office of the State Attorney and the State Attorney would have to bring charges as opposed to having a formal arrest. There are laws on the books that we could utilize. As a default, trespassing could be utilized, and that would require to place up signage to ensure compliance with State Law. There are three different statutory provisions that the City could utilize to support a potential action if there is someone that does shut off the pumps. Commissioner Alemán thinks that it is terrific. She is glad that the Code is in place. Commissioner Alemán suggested taking a hard look at the other pieces to enable this; one would be an alarm so that if the system is shut off that the Department of Emergency Management (DEM) is notified immediately; and there should be a surveillance camera. Maybe the City can prioritize this, as Public Works may not need alarms and camera in every pump station. The efficacy of the storm water program depends on the pumps being turned on. A great deal of private and public property is at stake, and more and more so as the City continues to roll out the plan. Commissioner Alemán asked staff to come back when they are ready with whatever modifications need to be for alarming and surveillance. Page 89 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Deputy City Attorney Boksner stated that there should be a sing as well stating, “No trespassing.” Commissioner Alemán asked for the recommendation to be reviewed by the Mayor’s Blue Ribbon Pane on Seal Level Rise. The referral was approved by acclamation. 2:01:08 p.m. R9 O DISCUSS THE VENETIAN CAUSEWAY CLOSURE AND TO EXPLORE ALTERNATIVE TRANSPORTATION. Commissioner Kristen Rosen Gonzalez ACTION: Discussion held. Item heard in conjunction with R9 V. Jose Gonzalez to handle. 4:41:59 p.m. R9 P DISCUSS THE REDUCTION OF LOADING ZONE SIGNS ON WASHINGTON AVENUE. Commissioner Kristen Rosen Gonzalez ACTION: Discussion held. DIRECTION: Mayor Levine requested that the loading zone demand be monitored, to see which ones should be eliminated, and come back with an audit. Saul Frances to handle. Commissioner Rosen Gonzalez stated that as she drives up and down Collins and Washington Avenue, she sees empty open spaces loading zones; she has no problem with loading zones on the side streets; she does not know how much money each parking space generates, but if possible, she would like to request reducing the number of parking loading spaces. She asked Saul Frances how many actual loading zones there are. Saul Frances, Parking Department Director, stated that in the Entertainment District of Washington and Collins Avenues and Ocean Drive, from 5th to 15th Streets, they have 24 freight loading zones; the majority of which are already on the side streets. They do have several on Washington Avenue, but none on Ocean Drive or Collins Avenue. Commissioner Rosen Gonzalez asked how many loading zones there are on Washington Avenue. Commissioner Grieco explained that they have been very successful in reducing the obstruction of lanes, providing opportunities for these huge trucks to get out of the flow of traffic; they will never eliminate traffic, but they can manage it the best they can. Loading zones do that. There is a decrease in parking demand, and this goes back to what Commissioner Alemán said earlier, regarding Uber and changes in the market, and the reduced demand in parking garages. This is a game changer for the City, but it will not stop the number of deliveries. He thinks that over the last few years, they changed the culture of the manner in which trucks deliver in the City. They can make adjustments, but it has worked. Mayor Levine explained the reason they created these loading zones. He asked Saul Frances if this was being monitored. Page 90 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Commissioner Rosen Gonzalez asked how much each one of the loading zones would generate revenue per year. She suggested restricting the hours from 6:00 a.m. until 12:00 p.m. noon. Mr. Frances replied that it is probably in the $7,000 per space range, approximately per year, typically from 7:00 a.m. to 3:00 p.m. He explained the period is scheduled to cater to each particular corridor, but he would be happy to look at that. Saul Frances to handle. Mayor Levine requested that the demand for loading zones be monitored, to see which ones could be eliminated, and come back with an audit. 11:54:27 a.m. SUPPLEMENTAL MATERIAL 3: REVISED MEMORANDUM & ATTACHMENT R9 Q DISCUSS THE CREATION OF A PUBLIC ALLEYWAY FUND. Commissioner Kristen Rosen Gonzalez Supplemental updated on 11/8/2016 ACTION: Discussion held. See comments with Item R7 E. Motion by Commissioner Arriola to refer the item to the Finance & Citywide Projects Committee to develop a policy regarding the use of funds derived from the vacation of alleyways and/or the partial vacation of streets. Seconded by Commissioner Rosen Gonzalez. Voice Vote: 5-1; Commissioner Alemán opposed; Mayor Levine absent. Allison Williams to place on the Committee agenda. Eric Carpenter and Cintya Ramos to handle. REFERRAL: Finance & Citywide Projects Committee. Commissioner Rosen Gonzalez thought when selling these property rights, the City should create a special fund so that there is some benefit for the immediate surrounding area. The immediate surrounding area does not have to be right were the alley is, the Commission could stipulate the surrounding neighborhood. However, why not allocate that money for something special for the people in those neighborhoods from where these alleys have been sold. The Commission needs to set a precedent for the future, instead of rolling back the money into the General Fund. Commissioner Arriola asked if Commissioner Rosen Gonzalez’s idea was just for these kinds of deals. Commissioner Rosen Gonzalez stated that her recommendation is only for alleyways. When the City does alleyway deals, it should definitely sell them, not give them away, and the City Commission needs to regulate more what is done with the funds. Commissioner Arriola asked if this is a trend that we are seeing throughout the City. He does not know what has occurred in prior years, but since Commissioner Arriola has been a Commissioner, this is more or less the third one that he has seen. Some predated him, but they have come before this Commission while he has been on it. The most recent ones have been the Tides, the Betsy and now the Alton Court Development Agreement. Page 91 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach City Attorney Raul J. Aguila stated that the Tides agreement was for an aerial easement, so the hotel could build a pedestrian bridge. Part of the consideration of that for that deal was that the Tides would provide the City with a green alley. The last vacation the City did was in conjunction with the David Martin project in the former Dezerland Hotel, where the City vacated half of a street end. In exchange for that vacation, the City received money that was dedicated for the North Shore Open Space Park Improvement Project. Commissioner Steinberg added that the David Martin funds were also to be used for North Beach. City Attorney Aguila would not say that these deals are something that the City does with regularity. Commissioner Alemán stated that all of the members of the City Commission went through the entire budgeting process – they sat through all the budget meetings and talked about the contribution to the community of all of the different things, and it was a grand detailed prioritization process. So to hamstring these funds to a geographical scope outside of that of that prioritization process and not look at what else was on the list that the City was not able to fund, without comparing the relative contribution to the community, to her is arbitrary and not in the best interest of the community. City Attorney Aguila stated the vacation and development agreement referenced in item R7 E, requires the developer to pave and landscape the entire alley as part of the project. Commissioner Rosen Gonzalez asked that this item be sent the Land Use & Development Committee or to the Neighborhood/Community Affairs Committee. Commissioner Rosen Gonzalez stated that she had numerous residents from the surrounding area come to her and ask that the funds for selling the alley be kept in their neighborhood. Commissioner Steinberg stated that the referral should be to the Finance & Citywide Projects Committee, because that is where allocation of funds occurs. Commissioner Steinberg stated that she understand Commissioner Alemán’s reasoning, but sometimes when the City has certain moneys that are guaranteed to the City, and if the City does not have at least a bucket to which these moneys are designated to, sometimes the money is used or “gets lost” and the money is not utilized for any of the ways the Commissioners wanted it used. Therefore, she cautions against this and wants her colleagues to keep this in mind in case there is money to be allocated somewhere specifically. Commissioner Steinberg understands that Commissioner Alemán believes this is tying our hands, but Commissioner Steinberg knows that when the money is left out in the ether, it gets used up for things that are not a priority. Commissioner Alemán stated that she would be more amenable if the money was reserved for capital projects and not wasted for the expenses of the City. Vice-Mayor Malakoff stated that the allocation of expenditure should be on a case-by-case basis. Vice-Mayor Malakoff is agreeable to referring the discussion to the Finance & Citywide Projects Committee, as it is monetary. It seems to Vice-Mayor Malakoff as in the Dezerland it went to North Shore Open Space Park. In other words rather than each one going into an alley fund, since the City sees so few vacations of alleys or vacations of parts of streets, that when the City does get such money the Commission at that time should designated where those moneys go. It could be for landscaping or other assistance in the area immediately Page 92 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach surrounding the vacated parcel, or it could be for whatever the need is in that area at that time. Commissioner Rosen Gonzalez suggested doing a study to see what the neighborhood needs, and then allocating the money before the development agreement is passed. Thereby knowing where those funds would be allocated. Alternatively, the Commission could just put the money in a fund and then say let us speak with Public Works and CIP and see what the area needs, and then the Commission can fulfill those needs because it is their alley. Commissioner Arriola moved to refer the item to the Finance & Citywide Projects Committee to develop a policy regarding the use of funds received from the vacation of alleys and/or the partial vacation of streets. Seconded by Commissioner Rosen Gonzalez. R9 R DISCUSS SHORT-TERM RENTAL REQUIREMENTS UNDER THE ASSOCIATION RULES SECTION OF THE CODE. Commissioner Kristen Rosen Gonzalez ACTION: Item withdrawn by Commissioner Rosen Gonzalez. 5:36:51 p.m. R9 S DISCUSSION REGARDING UPDATES ON THE NEW MB RESIDENT CONNECT ALERT SYSTEM. Commissioner John Elizabeth Alemán ACTION: Discussion held. Ariel Sosa to handle. Commissioner Alemán introduced the item. Currently, it is difficult for residents to keep track of legislative items. Many initiatives come out of committees, referrals, and go through an extensive legislative process. The purpose of this tool is to give alerts and links to agenda on specific items. Mark Taxis, Assistant City Manager, explained how MB Resident Connect allows residents to get involved through keywords, and will provide users with information, and alert them of upcoming legislative action. Miami Beach may be the first City to provide this kind of information to its residents. City Clerk’s Note: The presentation was live from the City’s website. 1:52:25 p.m. R9 T DISCUSSION REGARDING THE CREATION OF A POCKET PARK ON 20TH STREET AND ALTON ROAD. Commissioner Ricky Arriola Co-sponsored by Commissioner Rosen Gonzalez ACTION: Discussion held. Item referred to the Finance & Citywide Projects Committee and the Parks and Recreational Facilities Board. Motion by Commissioner Arriola; seconded by Vice-Mayor Malakoff. Voice vote: 7-0. John Rebar to handle. Page 93 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach REFERRALS: • Finance & Citywide Projects Committee: Allison Williams to place on the Committee Agenda; Eric Carpenter, Office of the City Attorney and John Rebar to handle. • Parks and Recreational Facilities Board: Cynthia Casanova to place on the Board Agenda; Eric Carpenter, Office of the City Attorney and John Rebar to handle. Commissioner Arriola explained that the area being used for staging on 20th and Alton Road; and Lower North Bay Road is now vacant given that the Lower North Bay Road is almost completed. Many residents have asked to create a pocket park, and given that Maurice Gibb Park would be temporarily closing, there is need for park space, and many residents have expressed support. Commissioner Rosen Gonzalez stated that this could be the interim park for Maurice Gibb Park. She is in support of this idea. Vice-Mayor Malakoff asked that the park include trees. John Rebar, Parks & Recreations Director, asked for more information on what the City Commission’s vision is for this project. He added that there is no budget for this request. Commissioner Arriola motioned to refer the item to Finance & Citywide Projects Committee and the Parks and Recreational Facilities Board; seconded by Vice-Mayor Malakoff. 9:42:13 p.m. R9 U PRESENTATION OF THE MIAMI BEACH VISITOR AND CONVENTION AUTHORITY'S (MBVCA) MIAMI BEACH INFORMATION APR Commissioner Micky Steinberg ACTION: Presentation made. Commissioner Steinberg acknowledged the Miami Beach Visitor and Convention Authority (MBVCA). Miami Beach won the prestigious Magellan Award for the third year in a row. It won silver in the best beaches destination between the US and Canada. Not only did the City win, but it would be announced on the next issue of Travel Weekly Magazine. The MBVCA has been working on a free information app that anyone can access to be informed of the various businesses throughout the City. Peggy Benua, Chair, Miami Beach Visitor and Convention Authority (MBVCA), and General Manager of Miami Dream South Beach, introduced Grisette Roque Marcos, Executive Director, Eileen de la Cuesta-Selva, Assistant Director, Marian Irizarry, Database Administrator, Jeff Lehman, Board Member, Adrian Gonzalez, Board Member, Daniel Hertzberg, Vice Chair, and Danny Hertzberg. She acknowledged consultants Shawn Moore, Solodev and Bismarck Canut, Lansight Consulting, who developed the app. Shawn Moore introduced the new App features. It displays every active business in Miami Beach, events, arts, culture, and deals. The app is never static, it constantly is updated. PowerPoint presentation shown here. Page 94 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Bismarck Knut stated that there is no other app like it. It gives users the chance to see everything Miami Beach has to offer. It provides information such as restaurant noise levels, locations of nearest restrooms, building architecture, etc. Grisette Roque Marcos stated that the goal is to update continuously the app with more and more information, and anyone can provide input. Commissioner Steinberg stated that this was not an overnight process; this took a great deal of time and hard work. The app is available for free downloads. She asked the Administration to help get the word out and get access to the app. Tonya Daniels to handle. 2:01:08 p.m. R9 V UPDATE AND DISCUSSION ON CITY INITIATIVES TO HELP MITIGATE THE IMPACT DURING THE EAST BASCULE BRIDGE CLOSURE. Commissioner Micky Steinberg A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING MIAMI-DADE COUNTY TO COMPLETE THE VENETIAN CAUSEWAY PROJECT ON-TIME AND TO SUSPEND TOLLS DURING CONSTRUCTION. ACTION: Discussion held. Resolution 2016-29651 adopted. See comments with R9 O. Motion by Commissioner Steinberg to have a Resolution sent to the County to urge the County to complete the Venetian construction on time and to suspend tolls during the construction project; seconded by Commissioner Alemán. Voice vote 7-0. Jose Gonzalez and Office of the City Attorney to handle. Commissioner Steinberg stated that the County would be moving forward next week with the Venetian construction project. Even though it is a County project, this affects residents from Miami Beach. The project is going to be an inconvenience for residents; she would like to discuss concerns and inconveniences the residents would be facing. She wants City Manager Jimmy Morales to give a breakdown of the issues expected so the City can mitigate the impact. Commissioner Steinberg is working separately to get the toll lifted. She stated that many people work on the Island that cannot afford to go through the toll multiple times in one day. She will bring that issue up to the County Commission next week. Jimmy Morales, City Manager, stated that the City, from the Police and Fire perspective, have coordinated and addressed all concerns. The City of Miami Beach recently staged an exercise to show what resources they have in place. They will have equipment located appropriately. The City of Miami will act as first responders. All other City of Miami Beach services will continue for the forty-five days of construction. The Administration has reached out to the School Board and school bus and postal services will continue by driving alternate routes. City Manager Morales stated that during past constructions, there was a pedestrian bridge that was built; the Coast Guard rejected any such approach due to navigational issues. The County has agreed to halt work during Art Basel and open the bridge for public access; the County will close the bridge after Art Basel and continue the project. Captain Pfrogner stated this is not the first time they will deal with a bridge closure and it will not be the last. The City of Miami Police are prepared to respond to any type of call 24/7 and Page 95 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach are completely prepared to handle any situation. If there is a call that requires more than one officer, they have a contact for other officers from the west side to respond 24/7. Commissioner Rosen Gonzalez suggested using a water taxi in the meantime because it can take a full hour just to drive around to Miami Beach. Mayor Phillip Levine asked Jose Gonzalez, Transportation Director, how are the water taxis doing. City Manager Morales asked Jose Gonzalez to address. Jose Gonzalez, Transportation Director, stated they did reach out to the water taxi service, unfortunately, when the City received the cost they were too high. Part of the reason for the high costs is because a dock needs to be constructed. They identified a suitable location for the dock; however, due to the waves in the location they will need to build a semi-permanent dock. The estimated cost for the dock is $80,000, and there is a regular service that will need to be operated at least once an hour from Purdy Ave and one of the islands. So overall, the total cost is in the range of $134,000-$270,000. Commissioner Rosen Gonzalez asked if we could lease a dock in the area and is it possible to go further west away from the residential side. She stated it would be a good way to highlight the water taxi service. She does not believe we should build our own dock because we should lease a dock. Mayor Levine asked Commissioner Rosen Gonzalez if she was referring to a commercial dock. Commissioner Rosen Gonzalez recommended the Grand and have people drive a little further west and park; she said she would do anything to avoid driving around. Discussion held. City Manager Morales stated we cannot force people, if the ferry company wanted to go to a property on the far west end if they are allowed, they could, though the residents may not want a large ferry pulling up to their properties every hour. Commissioner Rosen Gonzalez stated we should reach out to the water taxi company to f ind a dock and we should scout locations and try this as a pilot program. Motion by Commissioner Steinberg to have a Resolution sent to the County to urge them to complete the project on time; and in the interim, it would be great to have her colleges on board to help her get the tolls suspended during the whole construction project, not just during Art Basel. That way people do not have to pay two to three times a day to enter and leave the islands. Commissioner Rosen Gonzalez recommended the County absorb some of the costs related to tolls. Mayor Levine stated they should find out if the County can absorb some of the costs. Seconded by Commissioner Alemán. Page 96 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Discussion held. City Clerk’s Note: See also R9 O. 4:57:28 p.m. SUPPLEMENTAL MATERIAL 1: UPDATED MEMORANDUM R9 W DISCUSS THE RUMORED REDEVELOPMENT OF REGAL SOUTH BEACH STADIUM 18 & IMAX. Commissioner Kristen Rosen Gonzalez ACTION: Discussion held. Jeff Oris to place on Committee Agenda and to handle. Commissioner Rosen Gonzalez introduced the item. She stated there were many rumors surrounding this, so she contacted the property owners in New York. The property owner informed Commissioner Rosen Gonzalez that they do not have plans to redevelop the movie theater, though the movie theater’s lease is up in 2019. She asked for this in writing and they property owners declined her request. As we do public-private partnerships or consider a Convention Center Hotel, maybe we need to put a movie theater inside one of these properties. Commissioner Rosen Gonzalez believes that the voters would give the Convention Center Hotel 60% vote requirement, and she would possibly support the idea of a Convention Center Hotel, it included a movie theater inside of it. Mayor Phillip Levine believes it is a good idea and stated Commissioner Rosen Gonzalez and Commissioner Arriola should discuss this as part of their Blue Ribbon Committee. Commissioner Rosen Gonzalez asked Commissioner Arriola if he wants to talk about it now or bring it up to the Blue Ribbon Committee. Commissioner Arriola said we could discuss this at the next Blue Ribbon Committee meeting, but they need to know what the intent of the Regal Cinema is; he does not want to build a second movie theatres. Commissioner Rosen Gonzalez stated that it is interesting, she is waiting for a response in writing; verbally they said they do not have plans. However, she keeps getting emails with bizarre information such as that the owners do not want to make plans in the future. Commissioner Arriola stated he was informed the Regal Cinema lease runs through 2019 and there are renewal options, although no one has proven that. Commissioner Rosen Gonzalez stated again that she has asked the owners for a guarantee in writing, but one has yet to be provided. Even if they do not do build a movie theater in the Convention Center Hotel, they should look at other properties because they may have to build a movie theater so the residents of Miami Beach have at least one theater on Miami Beach. Commissioner Arriola stated that it is ironic because movie theaters create a large amount of traffic congestion. Hundreds and hundreds of cars go to movie at any given hour and no one complains. Page 97 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Commissioner Rosen Gonzalez stated only 50% of people in South Beach are taking cars; it is important to have a South Beach option. Commissioner Arriola stated that it is crazy a convention hotel of 800 rooms was tanked, but then a movie theater holds 2000 people and no one complains about that. Vice-Mayor Malakoff stated movie theaters do not want to build theaters unless they have several screens. It was very hard at the time when the Lincoln Center Cinema came to Miami Beach, it was hard to get people to do it, and they did not think the population here deserved a multiplex movie theater. 4:49:31 p.m. R9 X DISCUSSION ABOUT ADDING A CROSSWALK TO THE 900 BLOCK OF NORMANDY DRIVE. Commissioner Micky Steinberg A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO ADVANCE THE INSTALLATION OF A SIGNALIZED OR PEDESTRIAN- ACTIVATED CROSSWALK AT THE 900 BLOCK OF NORMANDY DRIVE. ACTION: Discussion held. Resolution 2016-29652 adopted. Draft an after-the-fact Resolution urging FDOT to consider the pedestrian safety at the area and install a light activated crosswalk. Item referred to Neighborhood/Community Affairs Committee. Both the Resolution and the referral were approved by acclamation. REFERRALS: Referred to Neighborhood/Community Affairs Committee. Morgan Goldberg to place on the Committee Agenda. Jose Gonzalez to handle. TO DO: Draft an after the fact Resolution urging FDOT to consider the pedestrian safety at the area and install a light activated crosswalk. Approved by acclamation. Office of the City Attorney and Jose Gonzalez to handle. Commissioner Steinberg stated that the new Building Department in North Beach has been a real asset to the area, but it is dangerous to cross the street to get to it. The City should consider adding a new crosswalk to it. Enrique Doce, Police Captain, showed a photograph of the street portion in front of the new Building Department location. The trouble is that there is no crosswalk on the east side, and so people risk injury by crossing the street at that location. It would be advantageous to have a light activation crosswalk to allow people to cross safely. Commissioner Steinberg stated that this is a State Road, and as such, construction or alterations could be more cumbersome than with City roads. Page 98 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Jose Gonzalez, Transportation Department Director, stated that FDOT has looked into installing a crosswalk at the area in question. The problem is that due to funding restraints, it will not be installed until 2021. The estimated cost for the project is $650,000. Commissioner Grieco stated that the price is accurate, as it was the same cost for installing a crosswalk on 9th Street and Alton Road. Commissioner Steinberg asked whether the City could provide the funds now, and be reimbursed by FDOT at a later date. Mr. Gonzalez stated that the City could enter a Joint Powers Authority (JPA), where the City does the project, and is then reimbursed by FDOT at a later date. City Manager Morales recommended the City Commission adopt a Resolution urging FDOT to consider the pedestrian safety at the area and install a light activated crosswalk. Matis Cohen urged the City Commission to consider including this project with the Capital Improvements Project of Rue Vendome. The Street would be closed at that point, and the City should take advantage and install a crosswalk then. Commissioner Steinberg agreed with Mr. Cohen’s statement. She suggested referring the item to Neighborhood/Community Affairs Committee. Item referred to Neighborhood/Community Affairs Committee by acclamation. 5:00:11 p.m. ADDENDUM MATERIAL 1: R9 Y DISCUSSION REGARDING AN AUDIT OF CITY BOARDS AND COMMITTEES TO IDENTIFY MEMBERSHIP CATEGORIES THAT NO LONGER EXIST. Office of the City Attorney / Office of the City Clerk Addendum added on 11/4/2016 ACTION: Discussion held. Commissioner Grieco gave direction to City Attorney Raul Aguila to complete a full audit on all Board and Committees, and outline any designated spots that do not exist anymore, transmit the information via Letter to Commission (LTC). Offices of the City Attorney and City Clerk to handle. Commissioner Grieco stated that as we get to the end of the year the Commissioners receive requests for appointments to Boards and Committees. Upon his review, he noticed that there are designated spots that do not exist anymore. He asked if someone was present to speak on the matter. City Attorney Raul Aguila asked Commissioner Grieco if he would like him and the City Clerk to complete an audit. Mayor Levine asked if he would like to refer to the Neighborhood/Community Affairs Committee and bring it back. Commissioner Grieco stated he would bring it back next month, as he was under impression that someone already had worked on it. Page 99 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach City Attorney Raul Aguila asked if he would like to bring it back in the form of a memorandum. Commissioner Grieco gave direction to City Attorney Raul Aguila do it as a Letter to Commissioner (LTC), complete a full audit on all Board and Committees, and outline any designated spots that do not exist anymore. Commissioner Grieco stated it is affecting the ability to get quorum at some of the meetings. 5:01:53 p.m. 5:01:53 p.m. ADDENDUM MATERIAL 1: R9 Z DISCUSS PUBLIC BEACH ACCESS AT 36TH STREET PARK. Commissioner Kristen Rosen Gonzalez Addendum added on 11/4/2016 ACTION: Discussion held. Mariano Fernandez to monitor and handle if necessary. Commissioner Rosen Gonzalez stated the Faena Sales Center is blocking the beach access at 36th Street; since it is a large structure, she wants to know when it would be removed so people can access the beach again. Neisen Kasdin explained the Faena Project has been a large project. The Faena has its other projects that have entered into agreements with the City for the use of both 34th, 35th street end and that portion of the 35th street parking lot between the east end of the parking lot and the beach walk. The good news is that most of the construction is coming to an end with the completion of the buildings on the west side; it is the Saxony, which is the Faena Hotel, the Faena House, the demolition of the 50s addition to the Versailles, and they are doing restoration work at the Versailles and all the building across the street and Casa Claridge. Faena is paying the City for the use of these properties. However, within the next few weeks, Faena will vacate and restore the 35th street street-end, and moving the trailer onto the Versailles property and restoring that area between the east end of the lot and the beach. In addition, the 34 Street lot, even though the Versailles project is ongoing, and Faena has the right to use that lot through the completion of the Versailles project, Faena will restore the lot and the beach access in very short order. In response to a question by Commissioner Rosen Gonzalez, Mr. Kasdin stated that the 36th street entrance has always been opened never, been touched. The only thing in question is the 35th side of the parking lot. Mr. Kasdin added that the 35th portion would be open within weeks and that would be opened, restored, landscaped and fully accessible for public use. Page 100 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 5:17:50 p.m. ADDENDUM MATERIAL 1: R9 AA DISCUSSION ITEM ON NORTH BEACH MASTER PLAN AND HISTORIC DESIGNATION – TO SCHEDULE SPECIAL CITY COMMISSION MEETING. Planning Commissioner John Elizabeth Alemán Addendum added on 11/4/2016 ACTION: Discussion held. A Special Commission Meeting to discuss the North Beach Master Plan and historic designation was scheduled for December 5, 2016 at 3:00 p.m. by acclamation. Thomas Mooney, Debbie Tackett and Jeff Oris to handle. SPECIAL COMMISSION MEETING: Monday, December 5, 2016 at 3:00 p.m. DIRECTION: Invite AECOM, Dover Kohl representatives Jason King and Hernan Guerrero, the Planning Board and the Historic Preservation Board. Commissioner Alemán is seeking to have a Special Meeting of the Commission relating to the boundaries of the Local Historic and Neighborhood Conversation Districts in North Beach inside the National Register footprint. Commissioner Alemán believes that there is consensus on a number of important things and they all agree they want to enhance the protections for all of the blocks within the National Registered Historic Districts and the height, scale, and compatibility with the neighborhood is what needs to be projected. A few times over the last couple of months, people have stated that the Master Plan already did this work and they already have the boundaries. Commissioner Alemán pointed out on page 2.48 of the Master Plan under finalizing boundaries; it does state, “further studies may be necessary to determine the exact boundaries of any new local historic district and neighborhood conversation districts.” Only two groups have conducted this, the Planning Board and Historic Preservation Board, and they both reached different conclusions. The Planning Department went through every single block by walking and driving on the area in questions, and as Debbie Tackett testified at the Historic Preservation Board, they did their best to find the areas with the largest concentration of the most significant buildings. They recognized different degrees of contributing buildings and prioritized it based on what they knew was going to happen with Public Works and so forth. What that tells you is that the Planning Department recognized in their activities the need to prioritize. At the Historic Preservation Board, they said, “we are the Historic Preservation Board, we are not the sea level rise board.” While sea level rise may be a concern throughout Miami Beach, it was stimulus made; I do not see that staff would add that as a reason not to designate something. She believes it is inappropriate. The National Register Boundary was established in 2008 and 2009, which was long before we knew what climate change was, or sea level rise was, or anything else. Commissioner Alemán believes that is how the Historic Preservation Board is going to look at it, but as a Commission, we need to recognize that is where the recommendation is coming from. It is a not a holistic recommendation that takes climate science into account, so we really cannot take the Historic Preservation Board’s recommendation without further scrutiny and the input of others who are going to think about resilience and the City’s plan with Public Works street raising and sea level elevation. Therefore, in order to make a good decision we need to rely on all of these things. Commissioner Alemán recommended having a Special Commission Meeting, perhaps the first week in December, prior to the December 11 deadline, and invite AECOM and FEMA, but asked to explore what is a Conservation District, and what safeguards can it afford a Page 101 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach neighborhood in terms of height, massing, assemblage of lots, architectural styling and design standard. One practical consideration is whether they decide to adopt the boundaries of the Local versus the Conversation District as it is in the Master Plan. No matter what, the Commission will have to come up with a 5/7 vote, whether they agree to adopt of modify. Commissioner Alemán thinks it would be unfortunate if the Commission does not take a moment to dive in deeper now and let Planning and the Office of the City Attorney spend a great deal of time on an item the Commission cannot get 5/7 consensus. Commissioner Alemán believes her colleagues all want to protect height, scale, and compatibility on the entire footprint; though she is not sure how everyone feels. Therefore, Commissioner Alemán requested a special meeting to be held prior to December 11, that is when the clock expires and it is too late after that. Mayor Philip Levine stated there are three people to speak. Commissioner Rosen Gonzalez stated that it is interesting that Commissioner Alemán brought this up. Commissioner Rosen Gonzalez referenced a recent court case involving the Continental Building in Bay Harbor, that where the Commissioners overturned a decision from the Miami-Dade County Historic Preservation Board. If this Commission overturns the expert decision of the Historic Preservation Board, the City Commission is opening up the City to a legal challenge. The City has expert boards to give expert opinions; they paid to create a Master Plan, which was ratified by experts. If the Commission moves forward and overturns these experts, Commissioner Rosen Gonzalez believes it could open the City to protracted litigation. More than that, she believes it would disappointment many residents. Nevertheless, Commissioner Rosen Gonzalez will support holding a Special Commission Workshop. City Attorney Raul Aguila stated he believes it is a special meeting not a workshop, because action may be taken. Mayor Philip Levine concurred with City Attorney Aguila’s opinion on the type of meeting. Vice-Mayor Malakoff stated that it is very important if they have a special meeting, they should have present the Historic Preservation Board Director, Debbie Tackett; representatives from Dover Kohl, specially Jason King and Hernan Guerrero, and at least one member from the Historic Preservation Board. Vice-Mayor Malakoff would like Debbie Tackett to talk about the Secretary of Interior’s standards, because Vice-Mayor Malakoff believes that there is a big misunderstanding of what a Local Historic District prohibits people from doing. For example, under the Secretary of Interior standards, if a building has water coming up due to low flood levels, the building owner does have things they can do. They can actually demolish the building and build a new building in context with the buildings around it. If it is a three story, multifamily building, the finish of the windows and the levels of the openings should be contextual with the buildings nearby; they are not supposed to be copies, only compatible. Vice-Mayor Malakoff has a feeling if they go with the Local Historic District, everyone’s hands would be tied and they will not be able to protect their properties from rising sea levels. Vice-Mayor Malakoff is requesting Debbie Tackett to give a good description of the Secretary of Interior standards and guidelines so that everyone understands it does tie property owner’s hand. Commissioner Alemán made a motion to set the meeting for before December 11. Seconded by Vice-Mayor Malakoff. Page 102 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach City Clerk Rafael Granado stated that an exact date was needed. City Attorney Raul J. Aguila confirmed with Commissioner Alemán that she wants to meet prior to the 60 days from the Historic Preservation Board recommendation. Chief Deputy City Attorney Eve Boutsis stated December 10 would be the last day to meet the 60-day deadline. Commissioner Grieco reminded Commissioner Arriola has a scheduling issue the first week of December. Commissioner Arriola stated any time before December 6 would be acceptable. Discussion continued as to dates. Mayor Philip Levine mentioned combining it with the Muhammad Ali meeting Special Commission meeting of November 29, 2016 Discussion continued. Commissioner Grieco asked the Mayor to go over the process and educate him if they do not take action within 60-day of the Historic Preservation Board decision. City Attorney Raul J. Aguila explained to Commissioner Grieco the length and steps involved if they want to take action after the 60-day deadline. He stated that the Commission always has the ultimate say. Commissioner Grieco asked when zoning in progress triggered. City Attorney Raul J. Aguila stated that at this point there is a moratorium on demolition permits. Commissioner Grieco stated that even after 60 days there is still a lot of work that has to happen. City Attorney Raul J. Aguila stated that Commissioner Grieco is correct; the special meeting Commissioner Alemán requested is the first action taken by the City Commission. City Attorney Aguila stated that there is subsequent action that could be taken that approves or denies the decision. Commissioner Grieco asked if it is another two readings. Chief Deputy City Attorney Eve Boutsis confirmed it would be two readings because it is an Ordinance, but it would be at the end of the year period. Commissioner Grieco asked if it has to go back to the Historic Preservation Board after Planning does the report, then it has to go back to Planning. City Attorney Raul J. Aguila stated that Commissioner Grieco is correct with the steps that have to be taken. Page 103 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Commissioner Alemán is concerned about the statement the Historic Preservation Board said about not being concerned about climate change and they will not consider sea level rise. Commissioner Rosen Gonzalez stated the buildings would be protected and individual property owners can mitigate on their own. Discussion held. Vice-Mayor Malakoff recommended the date for the special meeting for December 5. Commissioner Alemán stated this is really an important decision that protects property owner’s rights. Discussion held. City Attorney Raul J. Aguila stated they would need a 5/7 vote for anything they do. Commissioner Alemán stated if they do not get a 5/7 vote now, it will prolong the process for about a year. Mayor Philip Levine asked would they like the meeting to be held on Monday, December 5, at 3:00 p.m. or 4:00 p.m. Commissioner Alemán replied at 3:00 p.m. Commissioner Rosen Gonzalez asked if they could take a preliminary vote right now. Discussion held. Commissioner Alemán asked if Monday, December 5, 2016 at 3:00 p.m. is acceptable. There was consensus to hold the Special City Commission meeting on December 5, 2016 at 3:00 p.m. The meeting date and time was approved by acclamation. City Clerk Rafael Granado stated that the Special Commission Meeting be advertised for Monday, December 5, at 3:00 p.m. Vice-Mayor Malakoff asked that Dover Kohl, specifically Jason King and Hernan Guerrero, at least one, if not both; as well as one member from the Historic Preservation Board be brought to the meeting. Commissioner Rosen Gonzalez asked if the whole Historic Preservation Board could come to the meeting. Vice-Mayor Malakoff replied no, only one. Michael Belush stated as long as the meeting is public the whole Historic Preservation Board can come. Page 104 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach 3:25:00 p.m. ADDENDUM MATERIAL 1: R9 AB DISCUSSION REGARDING THE CITY’S POLICY AS IT RELATES TO CITY EMPLOYEES CONTRACTING COMMUNICABLE DISEASES WHILE WORKING; PAID LEAVE TIME, WORKERS’ COMPENSATION, ETC. Commissioner Michael Grieco Addendum added on 11/4/2016 ACTION: Discussion held. Add to list of legislative issues to discuss with the State. New Chief of Staff for the Office of the Mayor and City Commission to handle; Michael Smith to provide assistance if needed. Commissioner Grieco explained that he has seen multiple reports on how the City is handling health related cases. This is not a negative comment on how the City is handling things; it is to commence a dialogue. Commissioner Grieco would like for the City’s Workers’ Compensation attorney and the Human Resource Director to speak on the recent issues relating to mosquito borne illness, not just about the first responders but also all of City staff. We have various employees in different areas that are exposed to mosquito illnesses. Commissioner Grieco would like someone to discuss the policy relating to illness while on the job. Human Resources Director Michael Smith stated that they are applying this policy uniformly across all employees throughout the City; everyone who comes to work in Miami Beach has the same exposure. Mr. Smith believes that the City has done more than any other City in South Florida relating to Zika; the City provides health coverage to all employees. In the particular case of the Police Department, the City subsidizes 76 to 80% of police officers’ health coverage; the City also provides training to all employees on how to prevent Zika. The City allows employees who are pregnant or might be pregnant to take leave of absence or transfer to another job in a different area to prevent possible Zika exposure. With one individual, they had a confirmed case of Zika and they gave them administrative leave instead of having to take sick leave. City Manager Jimmy L. Morales stated that the City is working with the Department of Health, so any employee who believes they contracted Zika can get free testing; and the City provides insect repellent free of charge to everyone. Commissioner Rosen Gonzalez asked how the City handles a situation if someone comes to work and has a heart attack on the job. Mr. Smith stated by State Statute, heart illnesses are only covered for Police Officers and Firefighters. Mr. Smith deferred the response to Peter Winn as he is the expert on the issue. Peter Winn, Esq., represents the City of Miami Beach on workers’ compensation cases asked for the question to be repeated. Commissioner Rosen Gonzalez repeated the question pertaining to employees having a heart attack while on the job. Mr. Wynn stated Commissioner Rosen Gonzalez is talking about the Heart & Lung Bill. Mr. Winn stated that workers’ compensation is a statutory creation; with the Heart & Lung Bill, the presumption is burden shifting. Normally as an injured worker, you have to prove you Page 105 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach were injured during the scope and course of employment. Now with the Heart & Lung Bill, it is assumed it was work related if you are a Police Office or Firefighter, and it is up to the defense to prove it is not related. In the particular case of Zika, there is no presumption. If there is one in the future, then it needs to be discussed with State Legislature; the State has amended the Workers’ Compensation Statute many times before. Commissioner Rosen Gonzalez asked what would happen to employees under the presumption if they had a heart attack on the job. Mr. Smith stated that the presumption is not for all employees; it is only for Police Officers, Fire Fighters, and Correction Officers. With the presumption and workers’ compensation in general, they provide employees with medical benefits and they provide employees with wage loss. Workers’ compensation is not meant to be a primary pay area, it is meant to be a secondary. Mr. Smith stated that the current situation with Zika is that there are currently medical benefits provided by the group health insurance, which is proper due to the way the Statute is written at this time. Commissioner Rosen Gonzalez asked if we are giving wage loss. Mr. Smith replied no, he stated in one case an employee contracted Zika and they were given administrative leave so they did not have to take sick leave. City Manager Morales explained one presumption is if it is work related, the person becomes disabled due to that. The challenge with the Zika borne illness is that 90% of City employees do not live in Miami Beach. The bigger issue is Zika is not considered a disability and would not qualify employees for workers’ compensation. Discussion continued. City Manager Morales stated that there are two burdens with an employee filing workers’ compensation. One, is it work related? Two, is the person somehow disabled going forward, in addition missing work resulting in more expenses? With Zika, the first presumption requires that the employee show that they got it on the job. The challenge with that going forward is that we live in a region where we have had mosquito borne diseases for years. Approximately 90% of the employees do not live on Miami Beach, so the question is where they contracted it. At this point, Zika is not considered a disability; therefore, workers would not qualify for workers’ compensation. Mayor Philip Levine asked how they would determine if an employee contracted Zika through a mosquito bite or by sexual contact. Mr. Wynn stated our knowledge of the Zika illness is continuing to develop; first, it started that it was contracted through a mosquito bite, then it was said it could be contracted through sexual activity. With workers’ compensation, there needs to be a medical base, right now, the way the law is written, as with any other injury, the burden of proof is on the injured worker and there is no presumption. If the Legislators wants to add a presumption to the law relating to Zika that is their purgative. Right now, the City of Miami Beach is following the law. Mayor Philip Levine asked if all of the other businesses on Miami Beach are offering workers’ compensation relating to Zika. Page 106 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Mr. Wynn stated he could not speak for everybody, but being in the workers’ compensation business, he has not heard anybody accepting compensability for an employee contracting Zika. Of all the Zika cases that he knows, all of the employers are requiring that the employees go through their group health insurance as it is not an occupational disease. Commissioner Alemán stated Zika is not the first mosquito borne illness Miami Beach has seen. She asked if we are treating Zika any different from the other diseases that still exist in the world. Discussion held. City Manager Morals asked Mr. Wynn if there are any presumptions for other mosquito borne illnesses in the Statute. Mr. Wynn stated there are no presumptions in Statute for other mosquito related diseases. Mr. Smith stated he knows Miami-Dade County is following the same policy as Miami Beach, so the County at large follows the same procedures. Mr. Smith stated that the last he knew there were over 1,200 cases of Zika in Florida, and not all those people contracted Zika in Miami Beach. Vice-Mayor Malakoff stated that employees are covered by their own medical insurance. Mayor Philip Levine asked it is only our Police Department asking for workers’ compensation, and no one else. Commissioner Arriola asked if an employee caught strep throat or other flu like symptom from a coworker, is that covered by workers’ compensation. Mr. Wynn replied “no” to the question. Commissioner Arriola asked even if it was clearly contracted from a colleague at work. My. Wynn replied that the employee would need a doctor to say that they contracted the illness from that coworker at that exact time, and that is difficult. Commissioner Arriola asked if these situations are somewhat comparable. Mr. Wynn stated that it is neither Zika nor the flu are covered under workers’ compensation. Commissioner Arriola replied he knows it is not covered but is it a fair comparison. Mayor Philip Levine asked how we would know whether Zika was sexually contracted, as opposed through a mosquito bite. Discussion held regarding work injuries and what is covered under workers’ compensation. Commissioner Rosen Gonzalez asked if we could speak to the State to create a law and regulate the issue relating to Zika. Page 107 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach City Manager Morales stated if there is a presumption it needs to come from the State and medical providers; he does not recommend the City to do that. Mayor Philip Levine asked the Commissioners if they agree by acclamation that they should add it to the list of legislative priorities/issues to bring to the State. The Mayor then stated that it is already on the list. Mr. Smith stated that if the injured worker does not agree with the City’s determination of the third party workers’ compensation, they have the right to appeal, and there is a whole court system dedicated to workers’ compensation appeals. City Clerk Rafael Granado asked if they should add it to the list of legislative issues/priorities. Mayor Philip Levied replied yes and then thanked Commissioner Grieco for adding the item to the discussion. 9:00:32 a.m. ADDENDUM MATERIAL 2: R9 AC GEORGE NEARY TO GIVE UPDATE ON SISTERS CITIES COMMITTEE. Mayor Philip Levine Addendum added on 11/7/2016 ACTION: Update given. George Neary, Sister Cities Program Chair, thanked Mayor Levine and the City Commission for the many years of support. He also thanked Commissioner Grieco for working with them during their conference and in welcoming everyone; Commissioner Rosen Gonzalez for bringing the Proclamation to Art Basel, which was very well received. He thanked Vice- Mayor Malakoff, Commissioner Arriola and Mayor Levine for supporting them on their delegation trip to Fujisawa, Japan. Many things have happened, but he just wanted to thanked Gloria Baez, Chief of Staff, who was very helpful; Commissioner Steinberg, Dani Bonini and Tathiane Trofino Commissioner Aides and liaisons to the Committee, as they all worked very hard with them. They hosted a State Conference in Miami Beach for Sister Cities in Florida and again thanked the City staff for their assistance. Vice-Mayor Malakoff thanked Mr. Neary for his years of services, and stated that Sister Cities is “George Neary.” 5:36:12 p.m. ADDENDUM MATERIAL 2: R9 AD DISCUSSION TO NAME THE SOUTH POINTE PARK FOUNTAIN IN MEMORY OF MARK N. OVERTON. Commissioner Ricky Arriola Addendum added on 11/7/2016 ACTION: Discussion held. Referred to the Neighborhood/Community Affairs Committee by acclamation. Morgan Goldberg to place on the Committee Agenda. John Rebar to handle. Page 108 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach REFERRAL: Item referred to the Neighborhood/Community Affairs Committee. Commissioner Grieco stated that it seems that Commissioner Arriola and he had the same item. Commissioner Steinberg moved to refer the item to Neighborhood/Community Affairs Committee. By acclamation. Clerk’s Note: See also item R9 AE. ADDENDUM MATERIAL 1: R9 AE DISCUSSION REGARDING NAMING THE ENTRANCE FOUNTAIN IN SOUTH POINTE PARK IN MEMORY OF THE LATE MARK OVERTON, FORMER DEPUTY CHIEF OF THE MBPD. Commissioner Michael Grieco Addendum added on 11/7/2016 ACTION: Discussion held. See action with Item R9 AE. 3:14:14 p.m. ADDENDUM MATERIAL 3: R9 AF DISCUSSION AND APPROVAL OF THE 2017 STATE LEGISLATIVE PRIORITIES. Mayor Philip Levine Addendum added on 11/8/2016 ACTION: Discussion held. Priorities approved by acclamation. Office of the Mayor (new Chief of Staff) to handle. STATE LEGISLATIVE PRIORITIES TO ADD:  Prohibition of single beer or wine cans  Mooring docks behind Fire Station IV is unsafe for Fire and Police boats  Funding for public schools/educational programs  Monitoring solar energy registration  Seeking funding opportunities for workforce and affordable housing  Funding for Digital Boot Camp  Monitor anything related to plastic bags and the easing of the State pre-emption. Gloria Baez, Chief of Staff, Mayor’s Office, introduced the State Legislative priorities for discussion and approval; most of them are the same as the ones from previous years, with some additional priorities included. She has met multiple times with staff, Commissioners and the City Attorney, in order to develop this list. Commissioner Rosen Gonzalez asked if they could include the prohibition of single cans of alcohol to see what is going on at State level, and asked if there is a chance of reversing that. She wants the State Legislators to understand why it is important for cities to regulate single sales of cans of alcohol, given the homeless problem. Page 109 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Commissioner Grieco explained that the problem is not the alcohol lobbying, but is Publix, which is the retail federation. Ms. Baez stated that the single prohibition of sale of alcoholic items would be included. Discussion held. Commissioner Steinberg suggested that under waterways, in regards to mooring at the last legislative session something was passed, and she recommended adding language here indicating the City gets full control. There are docks behind Fire Station No. IV for the new fireboats, and for safety purposes, the boat cannot actually get to its destination as it is blocked by docked vessels. Therefore, she is requesting adding the safety boats to the legislative in the priorities, because for the City it could be a deterrent from a safety perspective. Aleksandr Boksner to handle. Commissioner Steinberg also requested funding for public schools. Ms. Baez created categories for them to monitor them at the agency or legislative level, seeking funding opportunities, so that if anything comes up that are important to the City, she would be happy to add educational programs as well. Commissioner Alemán suggested legislation regarding monitoring solar energy registration, seeking funding opportunities for workforce and affordable housing. Gloria Baez, Chief of Staff, explained that there are specific funding requests for specific projects that the City has identified at an exact cost, and those would be the ones included. Commissioner Rosen Gonzalez suggested adding to the legislative priorities funding for Digital Boot Camp. Commissioner Grieco suggested monitoring anything related to plastic bags and the easing of the State pre-emption. Ms. Baez added that they discussed the issue and they are on board on incentives versus punitive measures on the issue. R10 - City Attorney Reports R10 A CITY ATTORNEY STATUS REPORT. Office of the City Attorney ACTION: Report given. Page 110 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Reports and Informational Items 1. REPORT FROM COMMISSION COMMITTEES OF WITHDRAWN ITEMS NOT HEARD WITHIN (6) SIX MONTHS FROM REFERRAL DATE. Office of the City Clerk ACTION: Report given. Page 111 of 112 After Action November 9, 2016 Commission Meeting City of Miami Beach Miami Beach Redevelopment Agenda (RDA) City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive November 9, 2016 - 2:30 PM Chairperson Philip Levine Member of the Board John Elizabeth Alemán Member of the Board Ricky Arriola Member of the Board Michael Grieco Member of the Board Joy Malakoff Member of the Board Kristen Rosen Gonzalez Member of the Board Micky Steinberg\ Member of the Board Miami-Dade County Commissioner Bruno A. Barreiro Executive Director Jimmy L. Morales General Counsel Raul J. Aguila Secretary Rafael E. Granado REDEVELOPMENT AGENCY (RDA) The City Commission Meeting recessed and reconvened as the Miami Beach Redevelopment Agency. All members of the Redevelopment Agency were present. 2:47:20 p.m. 1. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA), SETTING THE DATES FOR THE YEAR 2017 RDA MEETINGS. JOINT CITY COMMISSION AND REDEVELOPMENT AGENCY Office of the City Clerk ACTION: RDA Resolution 623-2016 adopted. Item heard in conjunction with Item R7 I. Motion made by acclamation; Voice vote: 8-0. Office of the City Clerk to handle. The Miami Beach Redevelopment Agency Meeting adjourned and the City Commission meeting reconvened. Notices 1. MIAMI BEACH REDEVELOPMENT AGENCY (RDA) MEMBERS. 2. HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. 3. 2016 COMMISSION MEETING DATES. 4. ADVERTISEMENTS FOR THE SEPTEMBER 14, 2016 COMMISSION MEETING. Meeting adjourned at 5:43:55 p.m. F:\CLER\COMMON\2016\11092016 CM\11092016 FINAL REG.docx Page 112 of 112