20170111 SM1MIAMIBEACH
Commission Meeting
SUPPLEMENTAL MATERTAL 1 (1 t6t20171
City Hall, Commission Chambers, 3'd Ftoor, 1700 Convention Center Drive
January 11,2017
Mayor Philip Levine
Commissioner John Elizabeth Alem5n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Com missioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vrsrt us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Glerk priorto engaging in any lobbying activitywith the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Gopies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the Gity
Attorney.
SUPPLEMENTAL AGENDA
R5 - Ordinance
R5 I AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 66 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
''MARINE STRUCTURES, FACILITIES AND VEHICLES,'' BYAMENDING ARTICLE IV, ENTITLED.'VESSELS," BY CREATING SECTION 66-155 THEREOF TO BE ENTITLED'PROHIBITION OF
ADVERTISING SIGNS ON VESSELS,' WHICH PROHIBITS THE OPERATION OF AN
ADVERTISING VESSEL UPON THE TERRITORIAL JURISDICTIONAL WATERS OF THE CITY; BY
ESTABLISHING PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
First Readinq Office of the City Attorney
Commissioner Michael Grieco
Supplemental updated on 11612017
(Memorandum & Ordinance)
R7 - Resolutions
R7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL
YEAR 2016t17.
Budget and Performance lmprovement
Supplemental updated on 11612017
(Memorandum)
11:45 a.m. Public Hearing
1
Supplemental 1, January 11,2017
R7 D A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ADOPTING, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, THE
TITLE VI/NONDISCRIMINATION POLICYAND PLAN, SUPPLEMENTING THE EXISTING TITLE VI
PROGRAM PLAN, BY EXPANDING ITS APPLICATION TO ALL CITYWIDE SERVICES (INSTEAD
OF JUST TRANSPORTATION); AND FURTHER AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO MAKE SUCH FURTHER MODIFICATIONS TO THE TITLE
VI/NONDISCRIMINATION POLICY AND PLAN AS MAY BE REQUIRED BY THE APPLICABLE
FEDERAL AND STATE GOVERNMENTAL AGENCIES WHICH OVERSEE THE FEDERAL
ASSISTANCE PROGRAMS IN WHICH THE CITY PARTICIPATES.
Transportation
Supplemental updated on 11612017
(Resolution & Draft Policy & Plan)
2
Ordinances - R5 I
COMMISS ION MEI'IIORAN D U M
Honorable Mayor and Members of the City Commission
Raul J. Aguila, CityAttorney
January 11,2017
AAIAMI BEACH
TO:
FROM:
DATE:
First Reading
SUBJECT: AN ORDIMNCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "MARINE STRUCTURES, FACILITIES AND
VEHICLES," BYAMENDING ARTICLE IV, ENTITLED "VESSELS," BY CREATING
SECTION 66-155 THEREOF TO BE ENTITLED "PROHIBITION OF
ADVERTISING SIGNS ON VESSELS," WHICH PROHIBITS THE OPERATION OF
AN ADVERTISING VESSEL UPON THE TERRITORIAL JURISDICTIONAL
WATERS OF THE CITY; BY ESTABLISHING PEMLTIES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
Pursuant to the request of Commissioner Michael Grieco, the attached Ordinance is submitted for
consideration by the Mayor and City Commission at the January 11,2017 City Commission Meeting.
Legislative Tracking
Office of the CityAttomey
Sponsor
Commissioner Michael Grieco
ATTACHMENTS:
Description
o Ordinance
Page 432 of 705
3
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CIry OF M]AMI BEACH, FLORIDA, AiIIENDING CHAPTER 66 OF THE
coDE oF THE CITY OF MIAMI BEACH, ENTITLED "MA,RINE
STRUCTURES, FACILITIES AND VEHICLES," BY AMENDING
ARTICLE IV, ENTITLED "VESSELS," BY CREATING SECTION 66.,155
THEREOF TO BE ENTITLED "PROHIBITION OF ADVERTISING
SIGNS ON VESSELS," WHICH PROHIBITS THE OPERATION OF AN
ADVERTISING VESSEL UPON THE TERRITORIAL JURISOICTIONAL
WATERS OF THE CITY; BY ESTABLISHING PENALTIES; PROV!DING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City has identified a common practice for vessels to be operated within
the waters and waterways of the City for the principle purpose of conducting general
advertising; and
WHEREAS, the Mayor and City Cornmission have an obligation to provide proper
regulations surounding this type of conduct that will be in the best interest of the health, safety,
welfare and aesthetics of the City and its residents; and
WHEREAS, this Ordinance witl establish practical regu[ations for the proper and
effective enforcement of vessels which are primarily used to conduct general advertising; and
WHEREAS, the Mayor and City Commission have determined that this Ordinance will
create the proper balance between those private property rights, and the immediate negative
impacts to the residential properties that are located upon the City's jurisdictional waters and
waterways; and
VITHEREAS, the Mayor and City Commission recognize that the adoption of this
Ordinance will protect property values, the local economy and the quality of life for its residenis
by preserving and enhancing the true identities, residential character and nature of the City's
neighborhoods; and
WHEREAS, the Ordinance includes objective standards which could be utilized by the
City's enforcement personnel to provide the appropriate guidance on determining which vessel
is designed or used for general advertising; and
NOW, THEREFORE, BE lT ORDAINED BY THE MAYOR AND C|TY COMMISSTON
oF THE Ctry OF M|AMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 66 entitled'Marine Structures, Facilities and Vehicles," Article lV
entitled "Vessels,' of the Code of the City Miami Beach is hereby amended to create Section 66-
155 to be entitled "Prohibition of advertising signs on Vessels,' as follows:
CHAPTER 66
MARINE STRUCTURES, FACILITIES AND VEHICLES
1
Page 433 of 705
4
!
Article lV. Vessels.
Secs. 66-{5ffi Prohibition of advertisi.nE sions on Vessels.
{A) lt shall be unlavvful for anv person to operate. or cause to be operated. anv vessel that is.
displavino-qeneral advertisements upon aqy waters. waterwavs, marine area or publiq
place within the iurisdiction of the. citv in which the public has a risht to travel.
(p) At least one (1) of tllgfollowinq conditions must exist in orderfo_La determination to be
made that the purpose of a vessel is for the displav of seneral advertisements:.
1. The vessel contains general advertisements {or one or more diff.grent business
entities:
2. The vesse[ contains qeneral advertisements for a business entitv which is not the
owner of the vessel:
3. The vessel is operated continuously without stopping while disp_lAyinq some forfn
of general advertisement:
4. The vessel is driven in a repetitive pattern:
5. The vessel is capable of automaticallv. _changino the oeneral advertisements
displayed without stoppino: or:
6. The vessel lacks the abilitv to serve anv purpose other than advertisino.
l9) This section shall not applv to:
1. Anv vessel which displavs an advertisement or business notice of its owner. so
lono as such :essel is engaqed in the usual business or regular work of the
owner. and not used merely. mainlv or primarilv to disp-lav advertisements:
2. Any_..yessel that operates within those waters of the Atlantic Ocean and that
such operation is located directly east of the Qitv's Erosion Control Line.
I8) Defin-i-tiqns
1. Adverfi.slnq vesse/ means anv vessel desiqned or used for the oriFarv purpose of
displavinq advertisements.
2. Vesse/ means anv boat, watercrafts. motorboat. sailboat. rowboat. dinqv. canoe.
airhoa!. hougeD.gat. barqe, floatins structure, floatinq home or anv contrivance of
any nature whatsoever which is waterborne. whether or not the same is capable of
moving under its own power or by sail.
2
Page 434 of 705
5
7','elw1e''f,'
{E) Penalties and enforcement.
1. A violation of this Section shall be subiect to the followinq fines:
a. [f the violation is the first offense. a person or business shall receive a civil
fine of $1.000.00:
. b. lf the violation is the second violation within the precedino six months, a
person or business shall receive a civil fine of $2.000.00:
c. lf the violation is the third violation within the precedino six months. a
person or business shall receive a civil fine of $3.000.00: and
d. lf the violation is the fourth or subsequent violation within the preceding six
mgnths, a person or business shall receive a cMI fine of $5.000.00.
2. Enforcemgnt. The Miami Beach Police Department and the Code Comotiance
Department shall enforce*this section. This shall not preclude other [ara{
enforcement ag-encies from anv action to assure c_ofnplian,c_e*With this section and
all anplicable laws. If a violation qf this section is observed. the enforcement officer
will be autLrorized to issue a notice of violation. The notice shaU inform the violator
of .the nature of the violation. amount of fine for which thq violaior is liable.
instructions and due date forpaying the fine. that the violation may be apoealed by
requestinq an administrative hearinq beforg_A special master within ten (10) davs
after seryice of the notice of violation, and that the failure to aooeal the violation
wlthin ten (10) days of seruice shatl-constitute an-qdmission of the violation and_A
waiver of the riqht to a hearino.
3. Rights of violators: pavment._of fine: riqht to appear: failure to pav civil fine or to
appeal: appeals from decisions of the sp-e-cial master.
a. A violator who has been served with a notice of violation must eleqt to either:
! oavlhe civil fine in ihe manner indicated on the noticg of violation: o(
ii. request an administrative hearino before a special master to appeal
the notice of violation. which mu.st be requested within ten (10) davs
olthe service of the notice of violation.
b. The procedures for. appeal bv administrative hearing of. the notice of violation
shall be aS.g.et forth in seetions 30-72 and 30-73 of this Code. A request for
the-administratlve hearing must be accompanied bv a fee as approved by a.
resolution of the city commission. which shall be refunded if the named
violator prevails in the appeal.
c. lf the named violator, after issuance of the notice of violation. fails to pav the
cjvil.fine, or fails to timelv request an administrative hearinq before a special
master. the special master mav be informed of such - fqilure bv the
enforcement officer. The failure of the named violator to appeal the decision
of the enfprcempflt olliser.lvithin the prescribed time period shalt constitute,q
3
Page 435 of 705
6
d.
waiv_er of the violator's riqht to an administrative hearing before the special
master, and shall be treated as an admission of the violation. for which fines
and penalties shall be assess_ed accordinoly.
A certified cop)r of an order imposinq a fing mav be recorded. in the publig
records. and thereafter shall constitute a [ien upon any real or oersonal
propertv owne-d bv the violator. which may be enforced in the same manner
as a cou.rt iudoment bv the sheriffs of this state. includinq lew against the
violatods real or personal propertv, but shall not be deemed to be a court
iudgment except for enforcement ourposes. On or after.the sixt,y-first (61st'l
dav folloyvioq the recordinq of anv such lien that remains unpaid. the Citv mav
foreclose or othelUise execute upon th? lien.
Anv party aggrieved bv a decision of a special master may aopeal that
decision to a court of competent iurisdiction.
The special master shall be prohibited from hearinq the merits of the notice of
violation or considering the timeliness. sf a request for an administrative
hearinq if the violator has failed to request an administrative hearino within
ten (10) davs of the service of the notice of violation.
The.qpecial master shall not have discretion to alter the penalties prescribed
in subsection C(1).
e.
&
Secs. 66-156-66-185. Reserved.
SECTION 2. REPEALER.
Ail ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILIry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or re-lettered to accomplish such intention, and the word "ordinance" may be changed to
"sectien," "article," or other appropriate word,
4
Page 436 of 705
7
-::::." a-.-,j<,f i.i t?tFbr:PH51?
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days foltowing adoption.
PASSED AND ADOPTED this day o{
ATTEST:
Mayor Philip Levine
Rafael E. Granado, City Clerk
Underline. denotes new language
(Sponsored by Commissioner Michael Grieco)
2Q17:
APPROVED AS TO
LANGUAGE
EXECUTION
Cl[Affomey
5
Page 437 of 705
8
Resolutions - R7 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jirrny L. Morales, City Manager
DATE: January 11,2017
11:45 a.m. Public l-learing
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE
CAPITAL BUDGET FOR FISCAL YEAR 2016117.
RECOMMENDATION
See Memorandum attached.
Legislative Tracking
Budget and Performance I mprovement
ATTACHMENTS:
Description
o Second Arnendrnent to the 2016117 Capital Budget
Page 466 of 671
9
g MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl,gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
MIAMI BEACH, FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE
CAPITAL BUDGET FOR FISCAL YEAR 2016117.
ADMI NISTRATION RECOMM EN DATION
Adopt the Resolution.
BACKGROUND
Planning for capital improvements is an ongoing process; as needs change within the City,
capital programs and priorities must be adjusted. The Capital lmprovement Plan ('ClP') serves
as the primary planning tool for systematically identifying, prioritizing and assigning funds to
critical City capital development, improvements and associated needs.
The City's capital improvement plan process begins in the spring when all departments are
asked to prepare capital improvement updates and requests on the department's ongoing and
proposed capital projects. lndividual departments prepare submittals identifying potential
funding sources and requesting commitment of funds for their respective projects.
The CIP is updated annually and submitted to the City Commission for adoption. The 2016117 -
2020121 Capital lmprovement Plan and FY 2016117 Gapital Budget was adopted on September
27, 2016 by resolutio n 2016-29582.
The First Amendment to the FY 2016117 Capital Budget was approved on November 9, 2016 by
resol ution 20 1 6-29637 .
Section 166.241(4Xc.), Florida Statutes, requires that a municipality's budget amendment must
be adopted in the same manner as the original budget. Administration recommends adopting
the resolution for the second amendment to the FY 2016117 Capital Budget,
SECOND AMENDMENT TO THE FY 2016/17 CAPITAL BUDGET
The Second Amendment to the FY 2016117 Capital Budget totals an increase of $7,827,887
and re-appropriations of $431,'164 in order to provide additional funding to the following capital
projects.
Mayor Philip Levine and Members oflthe City
Jimmy L. Morales, City Manager
January 11,2017
Page 467 of 671
10
Resolution Adopting the Second Amendment to the Capital Budget for FY 2016117
January 11,2017
Page 2 of 6
1. Art in Public Places Miami Beach Convention Center: The original appropriation
for this project included the cost of the art work however; additional funding is
needed in order to pay the management fees which will be paid to Miami Dade
County. Funding for this amendment would come from Art in Public Places Fund -
147.
Prior Years' Appropriations $6,250,000
Januarv 11,2017 Budqet Amendment 810,797
Prooosed Total Appropriations $7.060.797
2. Botanical Garden Window Replacement Additional funding is needed in order to
fully fund the window replacement project at the Botanical Gardens. Funding for this
amendment would be appropriated to the City Center Capital Fund - 365.
Prior Years' Appropriations $100,000
January 11,2017 Budqet Amendment 70,000
Proposed Total Appropriations s170,000
3. Maurice Gibb Park Seawall: An amount totaling $321,164 is currently needed to
construct a seawall and Maurice Gibb Park. The scope of this project includes
furnishing and installing 200 L.F. of precast panel seawall with the top of the seawall
cap to be installed to an elevation of 5.7 NAVD. The Public Works staff recommends
that funds be re-appropriated from the Julia Tuttle Causeway seawall project to this
new project. Funding for this amendment would come from the South Point Capital
Fund - 389.
Prior Years' Aoorooriations $0
January 11, 2017 Budqet Amendment 321.164
Proposed Total Appropriations s321.164
4. Drainage lmprovement - Washington Avenue and South Pointe: An amount
totaling $115,000 is currently needed in order for the contractor to provide
emergency temporary connection to a drainage outfall located at Washington
Avenue and South Pointe Drive. The scope of this project includes the installation of
about 320 LF of 12" C900 PVC Pipe between the existing line and drainage structure
located next to South Pointe pump station. The work will alleviate flooding in this
area. The existing line located inside South Point Park will be repaired to make sure
all the existing leaks are fixed. lnstallation of 20 feet of 20" liner, 30 feet of 24" liner
and a transition 20" and 24" liner in the existing outfall will be in operation as an
Page 468 of 671
11
Resolution Adopting the Second Amendment to the Capital Budget for FY 2416/17
January 11,2017
Page 3 of 6
oyerflow for the South Pointe pump station. The prelirninary construction cost is
$250,000. Of this amount, $'134,025 is already funded in the project. Funding for
this amendment would come from the $tormwater Line of Credit, pending the
issuance of Stormwater Bonds - 429.
Prior Years' Appropriations $405,000
January 11,2017 Budqet Amendment fld 115,000
Proposed Total Appropriations $520,000
5. Drainage Hotspot: An amount totaling $250,000 is currently needed in order to
construct a 24" HDPE slip line outfall pipe at the intersection of 34th Street and
Chase Avenue. The existing outfall is under capacity causing flooding of the roads in
this area. Funding for this amendment would come from the Stormwater Line of
Credit, pending the issuance of Stormwater Bonds - 429.
Prior Years' Appropriations $2,659,373
January 11,2A17 Budget Amendment ht 250.000
Proposed Tota I Appropriations $2.90$.373
S. 5{ inch Diarneter Redundant Sewer Force Main: An amount totaling $989,974 is
currently needed in order to expand the current scope of the 54" redundant sewer
force main project to include the installation of an additional 36" line, line stop, plug
valves, flow meler and emergency discharge connection in order to facilitate the
ability 1o shut down the force main south of 17th street and to facilitate multi-
directional flow operation of pump station No. 1. This item was approved at the
December 14th, 2016 Commlssion meeting. Funding for this amendment would
come from the Water & Sewer Line of Credit, pending the issuance of Water and
Sewer Debt * 419 or funding from water and sewer operating budget.
Prior Years' Aoorooriations $17,054,513
Januarv 11.2A17 Budset Amendment tN 989.974
Pronosed Total Aporopriations $18.044.487
7. Ci(y Genter-Commercial District BP9B: An amount totating $2,300,000 is currently
needed in order to construct a stormwater pipe along Washington Avenue from 17th
$treet to 18th street and along 17th street from Pennsylvania Avenue to Washington
Avenue. This item was approved at ihe Decemher 14th, 2016 Commission meeting.
Funding for this amendment would come from Stormwater Line of Credit, pending
the issuance of Stormwater Bonds - 429.
Page 469 of 671
12
Resoluiion Adopting ihe Second Amendment to the Capital Budget for FY 241il17
January 11,2017
Page 4 of 6
Prior Years' Appropriations , $22,633,442
Januarv 11.2017 Budset Amendment rf 2.300.000
Prooosed Total Aonropriations $24,933,442
8. Sunset Harbour Pump Station Upgrades: An amount totaling $1,272,368 is
cunently needed in order to provide landscaping to the neighborhood and to provide
permanent emergency generators to pump station two and pump station three
including associated water, sewer, lighting and irrigation. Funding for lhis
amendment would come from Stormwater Line of Credit, pending the issuance of
Stormwaler Bonds - 4?9.
Prior Years' Appropriations $27,304,030
Januarv 11.2017 Budget Amendrnent M 1.?72.368
Pronosed Total Appropriations $28,576,398
g. Muss Park Facility: This amendment appropriates an additional $245,000 to the
Muss Park Facility. The construction contract amount was higher than anticiFated.
The increased cost is attributed to additional storm drains required as a result of the
decision to elevate the playgrounds, resurfacing and re-striping of the parking lot,
directional bore for the electrical service (instead of trenching), increasing the target
for LEED ce(iflcation from Silver to Gold, various revisions required by the Design
Review Board, additional/expanded windows, a new irrigation system, additional
bicycle rack, redesigned stairlramp, revised concrete finishes and new lightning
protection. Funding for this amendment would come from the Capital Reserve Fund
- 304"
Prior Years' AD0ropriations $?.450.000
January 11, 2A17 Budget Amendment 245.000
Prooosed Total Aoorooriations $2.5s5.000
l0.Anchor Garage Lighting: An amount totaling $277,219 is needed to upgrade
existing lighting to comply with IES illuminalion standards for parking facilities.
Additionally, the lighting will enable better utilization of the new CCTV system
installad in the garage. Funding for this amendment would come from Anchor
Garage Fund halance - 463.
Prior Years' Aporooriations $0
Januarv 11.2017 Budoet Amendment 277,219
Proposed Total Appropriations $277,219
Page 470 of 671
13
Resolution Adopting the Second Amendment to the Capital Budget for FY 2016117
January 11,2017
Page 5 of 6
11. Fire Hydrants: Per Resolution 2016-29681, the City Commission authorized the
expansion of parking spaces in the Biscayne Beach neighborhood which is generally
bounded by 79th Street on the south, 85th Street on the north; Crespi Boulevard on
the east; and Hawthorne Avenue on the west. As a result, funding in the amount of
$300,000 is needed in order to relocate fire hydrants in order to yield 12 additional
parking spaces throughout the Biscayne Beach Neighborhood. Funding for this
amendment would come from the Capital Resenre Fund -304.
Prior Years' Aonropriations $0
January '11, 2017 Budqet Amendment 300,000
Prooosed Total Anoronriations $300,00{}
12. Parking Garage at Biscayne Beach: Per Resolution #2016-29681, the City
Commission authorized the construction of a new parking garage on a city-owned
parcel localed at 79e Street and Hawthorne Avenue in the Biscayne Beach
neighborhood which will create an estimated 70 parking spaces and a retail
component for a sundry store to support area residents. As a result, $300,000 is
needed to fund the design of the parking garage. Funding for this amendment would
come from the Parking Enterprise Fund - 480.
Prior Years'riations $0
January 11,2017 et Amendment 300.000
TotalA 300.000
13.West Avenue I Bay Road lmprovements: This amendment appropriates an
additional $330,000 to the West Avenue I Bay Road lmprovement project. These
funds are needed to provide surveying and a public information offieer for West
Avenue Fhase ll. Funding for this amendment would come from the following
sources.. $110,000 from Stormwater Linq pf Credit Fund 429 (Pending the
issuance of Stormwater Bonds) {fiY
. $110,000 from Water and Sewer Line of Credit Fund 419 (Pending the
issuance of Water and Sewer Debt or funding from the water and sewer
operating budget) CI/. $110,000 Transfer within Fund 38{. from the Flamingo Neighborhood
West Project
Prior Years' Aooropriations $25,854,596
January 11, 2017 Budqet Amendment 330,000
Proposed Total Appropriations $26"187.596
Page 471 of 671
14
Resolution Adopting the Second Amendment to the Capilal Eudget for FY 2016t17
January 11,2017
Page 6 of 6
14. FDOT Utilities Relocation: An amount totaling $677,529 is needed in order 1o
develop engineering plans for the relocation of and upgrades to City-owned facilities
as part of the FDOT project to construct certain infrastructure improvements on Aton
Road/State Road 907 from Michigan Avenue to 43rd Street and from 43rd Street ts
63rd Street. Funding for this amendment would come from the Water & Sewer Line
of Credit, pending the issuance of Waler and Sewer Debt * 419 or funding frorn
water and sewer operating budget.
Prior Years' ApDropriations $0
January 11. 2A17 Budoet Amendment N 671,s29
Proposed Tqtal,Approrriations $577,529
JLM/CGR
Page 472 of 671
15
THIS PAGE INTENTIONALLY LEFT BLANK
16
Agenda ltem R? D
Date l-ll-l?
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE GITY COMMISSION OF THE CITY OF MIAMI
BEAGH, FLORIDA, ADOPTING, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS
RESOLUTION, THE TITLE VI/NONDISCRIMINATION POLICY AND PLAN,
SUPPLEMENTING THE EXISTING TITLE VI PROGRAM PLAN, BY EXPANDING ITS
APPLICATION TO ALL CITYWTDE SERVTGES (INSTEAD OF JUST TRANSPORTATTON);
AND FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE SUCH
FURTHER MODIFICATIONS TO THE TITLE V!/NONDISCR!MINATION POLICY AND PLAN
AS MAY BE REQUIRED BY THE APPLICABLE FEDERAL AND STATE GOVERNMENTAL
AGENCIES WHICH OVERSEE THE FEDERAL ASSISTANCE PROGRAMS IN WHICH THE
ClTY PART!C!PATES.
WHEREAS, at the May 21, 2014 City Commission meeting, the Commission approved
an lnterlocal Agreement with Miami-Dade County for provision of Municipal Circulator Services;
and
WHEREAS, the lnterlocal Agreement require that the City comply with federal
requirements for transit services, including Title Vl of the Civil Rights Act of 1964 (Title Vl); and
WHEREAS, Title Vl stipulates that no person shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federalfinancial assistance; and
WHEREAS, on June 11, 2014, the City Commission adopted a Title Vl Program Plan
(the 2014 Title Vl Program Plan); and
WHEREAS, in order to receive Federal funds for projects, including transit projects, the
local agencies and their contractors and consultants must comply with the Title Vl, Section 504
of the Rehabilitation Act of 1973 (Section 504), the Americans with Disabilities Act of 1990
(ADA), as well as other related federal and state laws and regulations, including Federal Transit
Administration (FTA) and Federal Highway Administration (FHWA) regulations, and the Florida
Department of Transportation (FDOT) guidelines; and
WHEREAS, to maintain Certification in the LocalAgency Program (LAP), local agencies
must submit the Sub-recipient Compliance Assessment Tool (SCAT) once every three (3) years
or at the request of FDOT or FHWA; and
WHEREAS, to be eligible for federal funding through FDOT, the City, as a sub recipient,
must have a Title Vl/Nondiscrimination Policy and Plan that covers all programs, services and
activities of the City; and
WHEREAS, as part of the required re-certification process, FDOT reviewed the City's
2014 Title Vl Program Plan and found the Plan to be specific to its Citywide transit services; and
WHEREAS, while 2014 adopted Title Vl Program Plan meets FTA's requirements, as
written, the City's current version was not broad enough to meet the FHWA/FDOT
requirements; and
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WHEREAS, the proposed Title Vl/Nondiscrimination Policy and Plan would be
advantageous to the City as it will help to not only manage complaints efficiently by having set
procedures, forms, and points of contact, but also to proactively discourage discrimination on
the basis of race, color, national origin, sex, age, disability, religion, income or family status by
adequately educating and involving the community in the planning process and implementation
of its services; and
WHEREAS, in order to be compliant with FHWA/FDOT requirements, the Administration
recommends that the City Commission adopt, substantially in the form attached to this
Resolution as Exhibit 1, the Title Vl/Nondiscrimination Policy and Plan; and
WHEREAS, the Administration further recommends that the City Commission authorize
the City Manager or his designee to make such further modifications as may be required by the
federal and state governmental agencies which oversee the federal assistance programs in
which the City participates.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CIry COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
adopt, substantially in the form attached to this Resolution, the Title Vl/Nondiscrimination Policy
and Plan, supplementing the existing Title Vl Program Plan, by expanding its application to all
citywide services (instead of just transportation); and further authorize the City Manager or his
designee to make such further modifications to the Title Vl/Nondiscrimination Policy and Plan as
may be required by the applicable federal and state governmental agencies which oversee the
federal assistance programs in which the City participates.
PASSED AND ADOPTED thls 11th day of January , 2017.
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CIry GLERK
T:\AGENDA\2016\DecembeATransportation\Transit\TITLE Vl Program Plan Adoption RESO.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXSCUTTON
i/s/r z
City Attorrey -4t*f Dole
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MIAMIBEACH
TITLE VI/NONDISCRIMINATION POLICY AND PLAN
December,2016
EXHIBITir
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TABLE OF CONTENTS
I. THE CIry'S NONDISCRIMINATION POLICY STATEMENT ........ .............2
II. COMPLAINT PROCEDURE .....,.2
il1. ADA/504 STATEMENT........... .................... 3
IV. LANGUAGE ASSISTANCE PLAN AND L]M]TED ENGLISH PROFICIENCY (LEP)
ANALYSIS ..,......4
V. PUBLIC !NVOLVEMENT...... .......5
vl. ASSURANCE .............. 5
APPENDIX A......... ............ 6
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THE CITY'S NONDISCR!MINATION POLICY STATEMENT
The City of Miami Beach, Florida (the City) values diversity and welcomes input from all
interested parties, regardless of cultural identity, background or income level. Moreover, the City
believes that the best programs and services result from careful consideration of the needs of all
of its communities and when those communities are involved in the transportation decision
making process. Thus, the City does not tolerate discrimination in any of its programs, services
or activities. pursuant to Title Vl of the Civil Rights Act of 1964, the Americans with Disabilities
Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), as well as other
related federal and state laws and regulations, including Federal Transit Administration (FTA)
and Federal Highway Administration (FHWA) regulations, and the Florida Department of
Transportation (FDOT) guidelines, the City will not exclude from participation in, deny the
benefits of, or subject to discrimination anyone on the grounds of race, color, national origin,
sex, age, disability, religion, income or familial status.
II. COMPLAINT PROCEDURE
The City has established a complaint procedure and will take prompt and reasonable action to
investigate and eliminate discrimination when found. Any person who believes that he or she
has been subjected to discrimination based upon race, color, national origin, sex, religion, age,
disability, familial or income status in any of City's programs, services or activities may file a
complaint with the City's Title Vl/Nondiscrimination Coordinator:
Name: Jimmy L. Morales
Address: 1700 Convention Center Drive
Phone: 305-673-7010
Fax: 305-673-7782
Email: JimmvMorales@miamibeachfl.qov
TfY: 7 -1-1 (Florida Relay)
A complaint must be filed within one hundred eighty (180) days after the date of the alleged
discrimination.
lf possible, the complaint should be submitted in writing and contain the identity of the
complainant; the basis for the allegations (i.e., race, color, national origin, sex, religion, age,
disability or familial status); and a description of the alleged discrimination with the date of
occurrence. Please refer to Appendix A for the Discrimination Complaint Form. lf the complaint
cannot be submitted in writing, the complainant should contact the Title Vl/Nondiscrimination
Coordinator for assistance.
The Title Vl/Nondiscrimination Coordinator will respond to the complaint within thirty (30)
calendar days and will take reasonable steps to resolve the matter. Should the City be unable to
satisfactorily resolve a complaint, the City will foruvard the complaint, along with a record of its
disposition to the appropriate District of the Florida Department of Transportation (FDOT).
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21
Should the complainant be unable or unwilling to complain to the City, the written complaint may
be submitted directly to Florida Department of Transportation (FDOT). The FDOT will serve as a
clearing house, fonuarding the complaint to the appropriate state or federal agency:
Florida Department of Transportation
Eq ual Opportunity Office
ATTN: Title Vl Complaint Processing605 wannee Street MS 65
Tallahassee, FL 32399
II!. ADA/504 STATEMENT
Section 504 of the Rehabilitation Act of 1973 (Section 504), the Americans with Disabilities Act
of 1990 (ADA) and related federal and state laws and regulations forbid discrimination against
those who have disabilities. Furthermore, these laws require federal aid recipients and other
government entities to take affirmative steps to reasonably accommodate the disabled and
ensure that their needs are equitably represented in transportation programs, services and
activities. The City of Miami Beach will make every effort to ensure that its facilities, programs,
seryices, and activities are accessible to those with disabilities. The City will make every effort to
ensure that its advisory committees, public involvement activities and all other programs,
services and activities include representation by the disabled community and disability service
groups. The City encourages the public to report any facility, program, service or activity that
appears inaccessible to those who are disabled. Furthermore, the City will provide reasonable
accommodation to disabled individuals who wish to participate in public involvement events or
who require special assistance to access facilities, programs, services or activities. Because
providing reasonable accommodation may require outside assistance, organization or
resources, the City asks that requests be made at least 30 calendar days prior to the need for
accommodation. Questions, concerns, comments or requests for accommodation should be
made to the City's ADA Coordinator:
Name: Valeria Mejia
Address: 1833 Bay Road, Miami Beach, FL 33139
Email: ValeriaMeiia@miamibeachfl.qov
Phone: 305-673-7000 ext. 2988
Fax: 305-673-7963
TTY: 7 -1-1 (Florida Relay)
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lv.LANGUAGE ASSTSTANCE PLAN AND LTMTTED ENGLTSH PROFTCTENCY (LEP)
ANALYSIS
Title Vl of the Civil Rights Act of 1964, Executive Order 13166, and various directives from the
US Department of Justice (DOJ) and US Department of Transportation (DOT) require federal
aid recipients to take reasonable steps to ensure meaningful access to programs, services and
activities by those who do not speak English proficiently. To determine the extent to which LEP
services are required and in which languages, the law requires the analysis of four factors:o The number or proportion of LEP persons eligible to be served or likely to be
encountered by the City's programs, services or activities.o The frequency with which LEP individuals come in contact with these programs,
services or activities.
o The nature and importance of the program, service or activity to people's lives
and;
. The resources available to the City and the likely costs of the LEP services.
1. The principal languages among the City's residents are English and Spanish. According
to the 2010-2014 American Community Survey, 32.3o/o of City residents reported
speaking only English, while 54.60/o reported speaking Spanish. The majority of the
City's Spanish speaking residents are bilingual with 28.9% of Spanish speaking
residents reported speaking English less than very well. Of the remaining City residents,
9.9% reported speaking other lndo-European language (other than Spanish), 1.7%
reported speaking Asian or Pacific lsland language and 1.5% reported "other language".
The City's website is published in English and it may be translated into Spanish or any
other language as part of the Google Translate tool by clicking the Google Select
Language icon on the bottom left corner of each page.
2. LEP customers within the City, under the analysis identified as Spanish speakers make
constant use of the City's services. ln an effort to promote the use of the service by LEP
customers, the City will make the following information readily available in both English
and Spanish:
. City's Website
o Public Meeting Notices
. P0ect lnformation
3. The City believes that its programs, services and activities are of critical importance to its
public. Transportation, for example, provides necessary access to health care,
emergency services, employment, and other essentials which would be difficult or
impossible without reliable transportation systems.
4. The City of Miami Beach is committed to providing resources to improve access to its
services for LEP persons. Bilingual information (English/Spanish) is/will be distributed in
several different manners including:
o Bilingual English/Spanish Website
o Bilingual English/Spanish Material
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Bilingual English/Spanish at Meetings
Bilingual English/Spanish Customer Service Staff
The City understands that its community profile is changing and the four factor analysis may
reveal the need for more or varied LEP services in the future. As such, it will annually examine
its LEP plan to ensure that it remains reflective of the community's needs. Persons requiring
special language services should contact the City's Title Vl/Nondiscrimination Coordinator.
V. PUBLIC INVOLVEMENT
ln order to plan for efficient, effective, safe, equitable and reliable programs, services or
activities, the City must have the input of its public. The City spends extensive staff and financial
resources in furtherance of this goal and strongly encourages the participation of the entire
community. The City holds a number of meetings, workshops and other events designed to
gather public input on project planning and construction. Furthermore, the City attends and
participates in other community events to promote its services to the public. Finally, the City is
constantly seeking ways of measuring the effectiveness of its public involvement including
biannual survey to businesses and residents.
v!.ASSURANCE
Every three years, or commensurate with a change in the City's executive leadership year, the
City must certify to FHWA and FDOT that its programs, services and activities are being
conducted in a nondiscriminatory manner. These certifications are termed 'assurances' and
serve two important purposes: first, they document the City's commitment to nondiscrimination
and equitable service to its community; and second, they serve as a legally enforceable
agreement by which the City may be held liable for breach. The public may view the annual
assurance on the City's website or by visiting City Hall.
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APPENDIX A
DISCRIMINATION COMPLAINT FORM
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CITY OF MIAMI BEACH
DISCRIMINATION COMPTAINT FORM
Complainant (s) Name:Address:
E-mailaddress:Phone Number:
Complainant's Representative's Name, Address, Phone Number and Relationship (e.g., friend, attorney, parent, etc.):
Name and Address of Agency, lnstituticn, cr D-.partrnent Whcm You Allege Discriminated Against You:
Names of lndividual(s) \A/hom \/:u All:ge D:scriiii:aleC Against You (if known):
Descriptionof Descriminatio.'rl:.:cl,-cl: ja'i,:,,; :':i^t?3of pe:pieinvolvedandexplainwhyyouthinkitwasdiscriminatory):
I believe discrimination I experienced was based on (circle all that apply):
Race Color National Origin Sex
Religion Familial Status Disability lncome
Age
Mail to: Jimmy L. Morales, the City cf t\Ii:nrr Eea;h I:lle \/i,/lic.C'^cr'm!nation Coordinator, 1700 Convention Center Drive, 4th floor, Miami
Beach, Florida, 33139. This form may also be faxed to: 305-673-7782. The Title Vl/Nondiscrimination Coordinator will respond to the
complaint within thirty (30) caiendar days and will take responsable steps to resolve the matter.
Alternate means of filling compla.:.t will :e r^rade e';ailable fc:" persons with disabilities upon request.
26
" ,lBEACI-{
CITY OF MIAMI BEACH
FoRMULARTo DE REcLAMAcl6u peRa DlscRtMtNActoN
Nombre(s) de (los) Reciamanre(s):Direccion(es) de(los) Reclamante(s) :
E-mail:Numero(s) de telefono:
Nombre del representante del Reclamante, dirrecion, telefono y relacion (por ejemplo amigo, abogado, padre, etc.):
Nombre y dirrecion de la age:ic,:, lnstilucicn : de i:a:tarnertc que usted alega discrimino en su contra:
Nombre(s) de (los) indirr:d:ic/sl :ue u: eri :iei,: J:;cr.iir::i.c: 3n su contra (si lo sabe):
Describeladiscrirninacio':t.',':.:-rell:, -c':': rr'.'.rr,:":^.'j-]i:rvolucradasyexpliqueporqueustedalegaquefuediscriminado).
creo que la discriminacio que yo senti fue basada en (marque todos los que apliquen):
Raza Color Origen Nacional Sexo Edad
Religion Esraoo Famiiiar Discapacioad lngresos
Firma del Demandante:lrecha de la firma:
I
Envie por correo a: Jimmy L. Morales, the City ci i,t';a:a', Be ach Title Vl/Nondiscrimination Coordinator, 1700 Convention Center Drive, 4th
floor, Miami Beach, Florida, 33i:i3. E!i.€ r'-r riiuia.o :ar,'i :it - se olede enviar por fax a: 305-673-7782. El Coordinador del Titulo Vl/No
Discriminacion responciera a ia ceranc: ce r.s ,-.:-r1 ? .-:.-,r cr?s carencario y tomara las medidas razonables para resolver el asunto.
Medios alternativos para llenar la queja serdn prrestos a disposici6n de las personas con discapacidades bajo petici6n.
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