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20151209 AAAfter Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 1 City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive December 9, 2015 Mayor Philip Levine Commissioner John Elizabeth Alemán Commissioner Ricky Arriola Commissioner Kristen Rosen Gonzalez Commissioner Michael Grieco Commissioner Joy Malakoff 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 City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the Office of the City Clerk. Questions regarding the provisions of the Code should be directed to the Office of the City Attorney. To request this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). In order to ensure adequate public consideration, if necessary, the Mayor and City Commission may move any agenda item to an alternate meeting date. In addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. Meeting called to order at 8:31:11 a.m. 8:59:25 a.m. Mayor Levine welcomed Vice-Mayor Alemán, Commissioner Arriola and Commissioner Rosen Gonzalez to the City Commission. Mayor Levine explained how meetings are conducted, and how everyone will have an opportunity to speak in an orderly and efficiently fashion. Mayor Levine referred to the applicability of the Robert’s Rules of Order. Inspirational Message given by Reverend Harold Thompson from the Miami Beach Community Church. Pledge of Allegiance lead by Police Chief Daniel Oates. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 2 ADDENDUM MATERIAL 1: R9L ADDENDUM MATERIAL 2: R9M R9N R9O R9P ADDENDUM MATERIAL 3: C7R SUPPLEMENTAL MATERIAL 1: R7B Resolution R7K Memorandum & Resolution R7Z Revised Memorandum R7AA Memorandum R7BB Memorandum SUPPLEMENTAL MATERIAL 2: R5P Memorandum & Ordinance R7R Agreement SUPPLEMENTAL MATERIAL 3: R7B Memorandum R9D Memorandum R9O Memorandum 9:09:26 a.m. Rafael E. Granado, City Clerk, read corrections and notations into the record. ITEMS SEPARATED: C7I by Vice-Mayor Alemán C4F and C7I by Commissioner Arriola C4H and C4E by Commissioner Rosen Gonzalez C4E, C4H and C7P by Commissioner Malakoff C7P by Commissioner Steinberg ITEMS DEFERRED: C2F to December 16, 2015 R7T to December 16, 2015 R7Z to January 13, 2016 ITEMS WITHDRAWN: R9E NOTATION: Commissioner Rosen Gonzalez has been added as a co-sponsor of item R5O. Recess for lunch at approximately 12:00 p.m. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 3 City Clerk’s Note: Pursuant to Ordinance 2015-3954, Sec. 2-12(3), addendum agenda item R9L, R9M, R9N, R9O, R9P and C7R have been approved by Mayor Levine to be placed on the Commission Agenda. No additional vote is required. CONSENT AGENDA 9:04:48 a.m. ACTION: Motion made by Commissioner Grieco; seconded by Commissioner Malakoff to approve the Consent Agenda except separated items; Voice vote: 7-0. C2 - Competitive Bid Reports C2A Request For Approval To Exercise Term Renewal Options On Contracts For Routine Operational Requirements. (Procurement) ACTION: Request approved. Alex Denis to handle. C2B Request For Approval To Award Contracts To Structured Cabling Solutions, Inc., As Primary Vendor, And ASE Telecom & Data, Inc., As Secondary Vendor Pursuant To Invitation To Bid (ITB) No. 2015-203-AK For Telecommunications Wiring Services. (Procurement/Information Technology) ACTION: Request approved. Alex Denis and Ariel Sosa to handle. C2C Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 2015-097-WG For Swimming Pool Equipment Replacement, Maintenance And Repair. (Procurement/Parks & Recreation) ACTION: Request approved. Alex Denis and John Rebar to handle. C2D Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 2015-182-JR For City Hall Heating, Ventilation And Air Conditioning (HVAC) & Variable Frequency Drive (VFD) Replacement. (Procurement/Property Management) ACTION: Request approved. Alex Denis and Anthony Kaniewski to handle. Handouts or Reference Materials: 1. Letter to Jose Hernandez, President, Premier Air Conditioning & Refrigeration, Inc., dated December 7, 2015, RE: Protest Filed Pursuant to ITB 2015-182-JR, from Jimmy L. Morales, City Manager. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 4 C2E Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 2015-267-KB For Continuing Services (As Needed) For The Construction Of Seawalls Citywide. (Procurement/Public Works) ACTION: Request approved. Alex Denis and Eric Carpenter to handle. C2F Request For Approval To Issue Request For Proposals (RFP) For Design Build Services For The Construction Of Two Stormwater Pump Stations; One At The Northeast Corner Of The Convention Center And The Other On 19th Street, Between Convention Center Drive And Meridian Avenue; Each Pump Station Will Have A Separate Proposal. (Public Works) ACTION: Item Deferred to December 16, 2015. Eric Carpenter to handle. C4 - Commission Committee Assignments C4A Referral To The Land Use And Development Committee - Discussion Regarding A Proposed Zoning Ordinance Amendment To Allow A ‘Hall For Hire’ As A Conditional Use Within Existing Religious Institutions Located Within The Museum Local Historic District And In The RM-2 Zoning District. (Sponsored by Commissioner Joy Malakoff) ACTION: Item referred. Thomas Mooney to place on the committee agenda and to handle. C4B Referral To The Planning Board - Discussion Regarding Proposed Ordinance Amendment Pertaining To Historic Hotel Unit Sizes Within Designated Historic Districts. (Sponsored by Commissioner Michael Grieco) (Legislative Tracking: Planning) ACTION: Item referred. Thomas Mooney to place on the board agenda and to handle. C4C Referral To The Land Use And Development Committee – Discussion Regarding Proposed Amendment To Section 118-5 Unity Of Title; Covenant In Lieu Thereof. (Sponsored by Commissioner Michael Grieco) (Legislative Tracking: Office of the City Attorney) ACTION: Item referred. Thomas Mooney to place on the committee agenda and to handle. C4D Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding An Innovative Bicycle Parking System. (Transportation) ACTION: Item referred. Daphne Saba to place on the committee agenda and Jose Gonzalez to handle. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 5 9:50:17 a.m. C4E Referral To The Finance And Citywide Projects Committee - Discussion Regarding The Renewal Of The Agreement Between The City Of Miami Beach, And Clear Channel Outdoor, Inc. (F.K.A. Clear Channel Adshel, Inc.) To Construct, Operate And Maintain Bus Shelter Structures And Other Street Furniture Throughout The City, Pursuant To City Of Miami Beach Request For Proposals No. 107- 99/00. (Transportation) ACTION: Item referred. Item separated by Commissioners Gonzalez and Malakoff. Motion made by Commissioner Malakoff; seconded by Commissioner Steinberg; Voice-vote: 7-0. John Woodruff to place on the committee agenda. Jose Gonzalez to handle. Commissioner Rosen Gonzalez asked if this is a five-year contract and whether it is going out for an RFP. City Manager Morales stated that the contract has a current five-year renewal. They have not issued an RFP yet, but he requested direction as to whether they should go out for bids. Commissioner Malakoff stated that the City should start looking for bids. Vice-Mayor Alemán stated that as a City they want people to use public transportation and that may require using innovative solutions. Discussion held. Alex Heckler, Esq., submitted a letter from Alpha Media, regarding their interest in participating in the open and competitive procurement process for an innovative bus shelter program. Handouts or Reference Materials: 1. Letter from OUTFRONT Media to Mayor Philip Levine and Members of the City Commission dated December 8, 2015, RE: Referral to Finance & Citywide Projects Committee. 9:40:08 a.m. C4F Referral To Neighborhood/Community Affairs Committee - Discussion Regarding The Proposed South Beach Trolley Route And Service Plan. (Transportation) ACTION: Item deferred. Item separated by Commissioner Arriola. Item heard in conjunction with R9P. Motion made by Commissioner Grieco; seconded by Commissioner Arriola, Voice-vote: 7-0. Daphne Saba to place on the committee agenda. Jose Gonzalez to handle. Commissioner Arriola stated that he wanted to address the fact that the City will be losing one of the trolley service routes temporarily for up to a year. This will affect the residents, tourists and seniors. He would like to work with the County to expedite the continuous expansion of the trolley service. Jose Gonzalez, Transportation Director, gave an update to the City Commission regarding the trolleys. He explained that staff has been working with the County regarding the trolley routes so that they do not overlap the services provided by the County buses. The Alton/West trolley route was agreed to with the County for as long as FDOT had construction on Alton Road. Because construction concluded on Alton Road, the service agreement will expire at the end of December, 2015. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 6 Mayor Levine asked what could be done to extend the trolley services on Alton Road. City Manager Morales stated that staff will have to meet with the County and present additional budget amendments and explain the pending construction on West Avenue. Discussion held. Mayor Levine stated that they need to meet with the County on an emergency basis, and he will speak with Miami-Dade County Mayor Gimenez on the matter. He asked for an update by next week’s meeting on December 16, 2015. Jose Gonzalez to handle. C4G Referral To Neighborhood/Community Affairs Committee - Discussion Regarding The Proposed Traffic Flow Modification For 42nd Street, Between Prairie Avenue And Pine Tree Drive. (Transportation) ACTION: Item referred. Daphne Saba to place on the committee agenda. Jose Gonzalez to handle. 9:46:58 a.m. C4H Referral To Land Use And Development Committee And The Planning Board - Discussion Regarding Amending The Washington Avenue Zoning Incentive To Include 16-17th Streets: An Ordinance Amending The Land Development Regulations (LDRs) Of The City Code, By Amending Chapter 142, “Zoning Districts And Regulations,” Article II, “District Regulations,” Division 6, “CD-3 Commercial, High Intensity District,” To Create Section 142-340, “CD-3 District, Washington Avenue Between 16th Street And 17th Street Development Regulations And Area Requirements,” To Modify The Development Regulations For Properties Fronting Washington Avenue To Include The CD-3, Commercial - High Intensity District Properties Fronting 16th And 17th Street And Authorizing For New Hotel Construction Or Conversion To Hotel Use, With The Minimum Hotel Room Unit Size Of 175 Square Feet, And Provide Some Additional Design Regulations Relating To The Hotel Use; Providing For Codification; Repealer; Severability; And An Effective Date. (Sponsored by Commissioner Michael Grieco) (Legislative Tracking: Office of the City Attorney) ACTION: Item referred to LUDC only. Item separated by Commissioners Gonzalez and Malakoff. Motion made by Commissioner Grieco to refer item as amended; seconded by Commissioner Malakoff; Voice-vote: 7-0. Thomas Mooney to place on the committee agenda and to handle. Amendment/Referral: Refer to the Land Use & Development Committee (only). Commissioner Rosen Gonzalez expressed her concern as to why the hotel rooms were so small, measuring just 175 square feet. Thomas Mooney, Planning Department Director, explained that the Mayor’s Blue Ribbon Panel on Washington Avenue did a study in 2014, which would allow for smaller hotel units on Washington Avenue. The boundary they created ended at 16th Street; this would extend that boundary to 17th Street. This is a good idea because it is an area where they are trying to promote hotels. Discussion continued regarding hotel room size. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 7 Commissioner Malakoff stated that she pulled the item, because the area between 16th and 17th Streets is not deteriorated. She does not believe they should encourage micro hotels in that particular area, but rather promote higher quality, mostly because of its proximity to Lincoln Road. Eric Zikella addressed Commissioner Malakoff and asked if he could meet with her to address any concerns she may have. Commissioner Grieco amended his referral to only LUDC, and moved the item; seconded by Commissioner Malakoff. C4I Referral To The Cultural Arts Council And The Finance And Citywide Projects Committee - Discussion Regarding Incentivizing Local Theater In Miami Beach. (Sponsored by Commissioner Micky Steinberg & Co-Sponsored by Commissioner Joy Malakoff) ACTION: Item referred. Max Sklar and John Woodruff to place on the committees agendas and to handle. C4J Referral To Neighborhoods/Community Affairs Committee - Discussion Regarding Citywide Street Light And Coverage Audit. (Sponsored by Commissioner Michael C. Grieco) ACTION: Item referred. Daphne Saba to place on the committee agenda. Eric Carpenter and to handle. C4K Referral To The Sustainability & Resiliency Committee - Discussion Regarding Potential Drafting Of Plastic Bag Ban Ordinance In Anticipation Of The State Pilot Program. (Sponsored by Commissioner Michael C. Grieco) ACTION: Item referred. Elizabeth Wheaton to place on the committee agenda and to handle. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 8 C6 - Commission Committee Reports C6A Report Of The October 7, 2015 Land Use And Development Committee Meeting: 1. Sidewalk Café Ocean Drive Umbrellas. 2. Discussion Regarding The Review Of All Planning Fees, Including Fees Associated With Plans Review, Board Applications And Other Ministerial Functions. 3. Discussion Regarding Grade Elevations For New Construction. 4. Discussion Regarding A Modification To The Notice Procedures For Quasi-Judicial Applications Before Historic Preservation Board, Board Of Adjustment, Planning Board, And Design Review Board. 5. Discussion Regarding Traffic Studies. 6. Discussion: Legal Opinion Concerning Whether A Vacancy On The Historic Preservation Board Renders The Board Improperly Constituted And Without Power To Act, And To Discuss An Amendment To Sec. 2-22(21) To Require The Mayor And City Commission To Fill Board Vacancies Within 90 Days. 7. Discussion Regarding Amending The City Charter And City Code To Provide That, Instead Of The Board Of Adjustment, The Chief Special Master Shall Hear And Decide Appeals From, And Review, Any Order, Requirements, Decision Or Determination Made By An Administrative Official Charged With The Enforcement Of The Zoning Ordinance Of The City Of Miami Beach. 8. Proposed Alton Road Alcoholic Beverage Establishment Overlay. 9. Discussion Regarding The Vacation Of A Portion Of The Alley Between Alton Road And West Avenue, Just South Of 17th Street - As Part Of A Proposed Mixed Use Project That Will Include Residential, Retail And Structured Parking, Including Public Parking. 10. Proposed Amendment To Section 146-306 - Development Regulations In The CD-2 Commercial Medium Intensity District. 11. Washington Avenue Zoning Incentives - An Ordinance Amending The Land Development Regulations (LDRs) Of The City Code, By Amending Chapter 142, “Zoning Districts And Regulations,” Article II, “District Regulations,” Division 5, “CD-2 Commercial, Medium Intensity District,” To Establish Section 13-309, “Washington Avenue Development Regulations And Area Requirements,” To Modify The Development Regulations For Properties Fronting Washington Avenue, Between 6th Street And Lincoln Road; By Amending Chapter 130, “Off-Street Parking,” Article II, “Districts; Requirements,” To Establish Parking District 7 To Modify The Parking Requirements For The Properties Fronting Washington Avenue, Between 6th Street And Lincoln; Providing For Codification; Repealer; Severability; And An Effective Date. ACTION: 1. Sidewalk Café Ocean Drive Umbrellas. MOTION: Continued to December 2, 2015 by Acclamation. 2. Review All Planning Fees. MOTION: JW/JM (2-0) Recommend that the Ordinance be sent to the Planning Board with a favorable recommendation. 3. Grade Elevations For New Construction. MOTION: Continued to December 2, 2015 by Acclamation. 4. Modification To Notice Procedures For Quasi-Judicial Applications Before HPB, BOA, PB & DRB. MOTION: JW/JM (2-0) Recommend that the Ordinance be sent to the Planning Board with a favorable recommendation. City Clerk’s Note: See Item R5A1 & R5A2. 5. Discussion Regarding Traffic Studies. MOTION: JW/JM (2-0) Recommend that the Ordinance be sent to the Planning Board with a favorable recommendation. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 9 6. Legal Opinion Concerning Vacancy On The Historic Preservation Board. MOTION: No Action: removed by acclamation. City Clerk’s Note: Item referred on June 10, 2015 C4M. 7. Amend Charter & Code To Provide That The Chief Special Master Shall Hear & Decide Appeals. MOTION: No Action: removed by acclamation. City Clerk’s Note: Item referred on June 10, 2015 R9I. 8. Proposed Alton Road Alcoholic Beverage Establishment Overlay. MOTION: JW.JM (2-0) Refer the Ordinance to the December 9, 2015 meeting of the City Commission, without a recommendation, to consider transmitting the Ordinance to the Planning Board. City Clerk’s Note: See Item R5M. 9. Vacation Of A Portion Of Alley Between Alton Road And West Avenue. MOTION: Continued to December 2, 2015 by Acclamation. 10. Amendment To Section 146-306. MOTION: JW/JM (2-0) Recommend that the Ordinance be transmitted to the Planning Board with a favorable recommendation. 11. Washington Avenue Zoning Incentives. MOTION: No Action or recommendation provided. City Clerk’s Note: See Item C4H. C6B Report Of The October 28, 2015 Neighborhood/Community Affairs Committee Meeting: 1) Discussion Regarding The Possible Appointment Of A Dedicated Liaison To The 41st Street Corridor. 2) Discussion Regarding Revisions To The Beachfront Concession Rules And Regulations. 3) Report From Miami-Dade County Public Schools On The Status Of The Action Plan Related To Nautilus Middle School And Progress To Date. 4) Discussion Regarding A Competition Swimming Pool. 5) Discussion Regarding Naming The Accessible Beach And Playground At Allison Park, 65th Street And Collins Avenue, “Sabrina’s Beach And Playground At Allison Park.” 6) Update On Muss Park Pavilion. 7) A Discussion Regarding The Convention Center Park And Veteran’s Plaza. 8) A Discussion Regarding The July 4th Celebration. 9) Discussion Regarding Multi-Use Asphalt Skate/Bike Pump Track ln North Beach. 10) Monthly Crime Statistics Report. ACTION: 1) Possible Appointment Of A Dedicated Liaison To The 41st Street Corridor. DIRECTION: Come back with Police to the next NCAC meeting. 2) Discussion Regarding Revisions To The Beachfront Concession Rules And Regulations. DIRECTION: Come back to the next NCAC meeting. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 10 3) Report From MDC Public Schools/Status Action Plan Related To Nautilus Middle School. DIRECTION: Commissioner Steinberg asked Leslie Rosenfeld to come back to NCAC when Nautilus had received their cut scores. 4) Discussion Regarding A Competition Swimming Pool. DIRECTION: Come back to the next NCAC meeting. 5) Naming Accessible Beach And Playground At Allison Park, 65th Street And Collins Avenue. NO ACTION TAKEN. City Clerk’s Note: See related Item R7B. 6) Update On Muss Park Pavilion. DIRECTION: Come back to NCAC when the initial concept is available. 7) A Discussion Regarding The Convention Center Park And Veteran’s Plaza. NO ACTION TAKEN. 8) A Discussion Regarding The July 4th Celebration. NO ACTION TAKEN. 9) Discussion Regarding Multi-Use Asphalt Skate/Bike Pump Track ln North Beach. DIRECTION: Come back to the next NCAC meeting. 10) Monthly Crime Statistics Report. NO ACTION TAKEN. C6C Report Of The October 28, 2015 Sustainability And Resiliency Committee: 1) Mayor’s Blue Ribbon On Flooding And Sea Level Rise Update. 2) Sustainability Committee Update. 3) Discussion Regarding AECOM’s Progress On The Development Of The City’s Comprehensive Resiliency Program. 4) Discussion Regarding The Incorporation Of Green Alleys. 5) Discussion To Improve The Resiliency Of Government Buildings And Operations To Reduce And Mitigate The Impacts Of Greenhouse Gases. 6) Discussion Regarding Seawalls, Policy And Enforcement. ACTION: 1) Mayor’s Blue Ribbon On Flooding And Sea Level Rise Update. MOTION: No further action taken. 2) Sustainability Committee Update. MOTION: The Sustainability Committee recommends that Sustainability and Resiliency Committee approve higher penalties for the removal of trees and to address penalties per tree and not per violation as the Ordinance currently stands. Motion made by Commissioner Steinberg, seconded by Commissioner Grieco. 3) AECOM’s Progress On Development Of City’s Comprehensive Resiliency Program. MOTION: Item referred to the Land Use and Development Committee (LUDC) with a favorable recommendation. Moved by Commissioner Steinberg, seconded by Commissioner Grieco. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 11 4) Discussion Regarding The Incorporation Of Green Alleys. MOTION: Item approved by acclamation. 5) Improve Resiliency Of Government Buildings & Operations To Reduce And Mitigate The Impacts Of Greenhouse Gases. MOTION: Item to be continued to the December 18, 2015 Sustainability and Resiliency Committee. 6) Discussion Regarding Seawalls, Policy And Enforcement. MOTION: No further action taken. C7 - Resolutions C7A A Resolution Retroactively 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 Grants And Funding Requests From The Following Sources: 1) Knight Foundation For The Knight Cities Challenge; 2) Florida Department Of Environmental Protection, Coastal Partnership Initiative For The Florida Coastal Management Program, In The Approximate Amount Of $30,000; 3) National Oceanic And Atmospheric Administration For The Community-Based Marine Debris Removal Program, In The Approximate Amount Of $100,000; 4) Robert Wood Johnson Foundation, Culture Of Health Prize, In The Approximate Amount Of $25,000; And 5) U.S. Environmental Protection Agency, In The Amount Of $60,000. (Budget & Performance Improvement) ACTION: Resolution 2015-29202 adopted. John Woodruff to appropriate the funds if approved and accepted. Judy Hoanshelt to handle. C7B A Resolution Adopting The Local Mitigation Strategy (LMS) For Miami-Dade County. (Budget & Performance Improvement) ACTION: Resolution 2015-29203 adopted. John Woodruff to handle. C7C A Resolution Opposing SB 598, HB 181, And Any Similar Legislation That Would Preempt Local Governments From Imposing Certain Requirements On State-Funded Public Works Projects Such As A) Imposing Requirements On Contractors Pertaining To Wages, Benefits, Hiring, Staffing, And Training, And B) Restricting Qualified Bidders From Submitting Bids, Being Awarded Bids Or Contracts, Or Performing Work Based On Prior Poor Performance Or Misconduct; Directing The City’s State Lobbyists To Include This Issue As A 2016 State Legislative Priority; And Directing The City Clerk To Transmit A Copy Of This Resolution To Certain State And Local Officials. (Sponsored by Commissioner Micky Steinberg) (Legislative Tracking: Office of the City Attorney) ACTION: Resolution 2015-29204 adopted. Office of the City Attorney to handle. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 12 C7D A Resolution Acknowledging Receipt Of The 2015 Triennial Incentives Review And Recommendation Report From The Affordable Housing Advisory Committee. (Housing & Community Services) ACTION: Resolution 2015-29205 adopted. Maria Ruiz to handle. C7E A Resolution Approving And Authorizing The City Manager To Execute A Grant Agreement Between The City And The Miami Beach Watersports Center, Inc., In The Total Amount Not To Exceed $85,000.00, To Support The Para-Rowing Program For Rowers With A Disability At Ronald W. Shane Center. (Parks & Recreation) ACTION: Resolution 2015-29206 adopted. John Rebar to handle. C7F A Resolution Approving A Five (5) Year Extension To The Use Agreement With The School Board Of Miami-Dade County, Florida, Dated October 18, 2000, Providing Parking Spaces For North Beach Elementary Faculty And Staff; Said Extension Commencing On July 23, 2016, And Expiring On July 22, 2021. (Parking) ACTION: Resolution 2015-29207 adopted. Saul Frances to handle. C7G A Resolution Authorizing The Mayor And City Clerk To Execute A Professional Services Agreement With The University Of Cambridge, England, For The FY 2015 Smart Policing Initiative Body-Worn Camera Problem Solving Demonstration Grant Program, In An Amount Of Exceed $371,379. (Police) ACTION: Resolution 2015-29208 adopted. Police Chief Daniel Oates to handle. C7H A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Qualifications (RFQ) No. 2015-160-YG For Constructability, Cost, And Value Engineering Review Services, Authorizing The Administration To Enter Into Negotiations With U.S. Cost, Inc. D/B/A Rib U.S. Cost, Keith & Schnars, P.A., And Haks Engineers, Arch itects And Land Surveyors, P.C.; Should The Administration Be Unable To Negotiate An Agreement With Any Of The Recommended Firms, The Administration Is Authorized To Negotiate With Other Ranked Firms In Order Of Rank; And Further Authorizing The Mayor And City Clerk To Execute An Agreement, Upon Conclusion Of Successful Negotiations By The Administration. (Procurement/Capital Improvement Projects) ACTION: Resolution 2015-29209 adopted. Alex Denis and David Martinez to handle. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 13 9:06:54 a.m. C7I A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Proposals (RFP) No. 2015-195-LR For Health Care Benefits Consulting Services And Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Proposer, Gallagher Benefit Services, Inc.; And If Unsuccessful In Negotiating An Agreement With Gallagher Benefit Services, Inc., Authorizing The Administration To Enter Into Negotiations With Aon Risk Solutions; And If Unsuccessful In Negotiations With Aon Risk Solutions, Authorizing The Administration To Enter Into Negotiations With Wells Fargo Insurance; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration. (Procurement/Human Resources) ACTION: Item deferred to the December 16, 2015 Presentations & Awards Commission Meeting. Item separated by Vice-Mayor Alemán and Commissioner Arriola. Commissioner Grieco moved to defer the item to the Presentation and Awards Meeting to take another look at the contract and give the Administration the opportunity to review; seconded by Commissioner Arriola. Voice vote: 7-0. Lilia Cardillo to place on the Commission Agenda if received. Office of the City Manager, Alex Denis and Sylvia Crespo-Tabak to handle. Vice-Mayor Alemán stated that she was notified via e-mail that there was another bidder with a strong local presence and credentials who is bidding at a lower cost. She added that the bidder has experience in the City of Miami, Miami-Dade County School Board, City of Doral and the Village of Key Biscayne. She would like to speak about the decision process and hear from the bidders. City Manager Morales stated that there was an evaluation committee that evaluated the proposals, and his recommendation was to accept the decision of the committee. Sylvia Crespo-Tabak, Human Resources Director, introduced Mr. Denis. Alex Denis, Procurement Director, detailed the RFP and the evaluation process, which was based on a quantitative and a qualitative evaluation. Members of the evaluation committee considered the experience, methodology and cost. In answering Commissioner Grieco’s question, he explained that the contract with Gallagher Benefit Services, Inc. expires on December 31, 2015, and that is the reason why they had an open bid process. Commissioner Grieco stated that Gallagher Benefit Services, Inc. bid at $180,000, while Aon Risk Solutions bid at $150,000. Discussion held. Matt Warner, Senior Vice-President of Aon, stated that in support of their RFP, the three areas he wanted to focus are the financial strength and area of expertise Aon can bring to the City at lower prices ($30,000 annually); he introduced other members of his team and added that in 2018 there will be a 40% tax placed on health unions, and that is a critical issue that needs to be understood; not only understanding those numbers, but having a partner such as Aon, to develop the long -term strategy thinking to mitigate the risk around the financial impacts that tax can have on that 2018 budget, and how to address that through employee wellness programs and actuarial resources. They want to partner with the City to bring their expertise locally. He encouraged consideration. Discussion continued regarding the difference between the services. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 14 David Custin, National Marketing Group Services, speaking on behalf of Aon, explained that his client partnered with the largest service provider in the country for $30,000 a year less. He added, for clarification, that the incumbent provider had a one-year renewal clause in the contract that was not executed. He urged consideration for Aon, for a better product, and a better price. Sylvia Crespo-Tabak, Human Resources Director, clarified that there were no renewals left in the contract; as far as the scope of service, as related to pricing, one of the things requested were unlimited actuarial services. She explained that when Aon proposal was evaluated, their scope of work said actuarial services and removing the “unlimited.” Jeff Angelum, speaking on behalf of Gallagher, thanked the City for the opportunity to work together, and stated that although they are bidding at a higher rate, the benefits and attention the City receives is worth the extra money. He further detailed the company’s experience. Commissioner Arriola stated that when a well-established company like Aon is bidding at a lower rate, it is worth taking notice. He requested that the City Manager takes another look at this RFP to make sure the selection of Gallagher is appropriate. Office of the City Manager to handle. Commissioner Grieco made a motion to defer the item to the December 16, 2015 Presentations and Awards Commission Meeting; seconded by Commissioner Arriola. Administration to review the contract. Raul J. Aguila, City Attorney, reminded the City Commission that the Cone of Silence is still in effect on the RFP. Handouts or Reference Materials: 1. E-mail from David Custin, custindr@davidcustin.com, dated December 07, 2015 to Mayor and City Commission, RE: Item C7I relating to RFP #2015-195-LR to provide health care benefits consulting services. 2. E-mail from John Alemán dated December 8, 2015 RE: Item C7I relating to RFP #2015-195-LR to provide health care benefits consulting services. C7J A Resolution Ratifying An Agreement Between The City Of Miami Beach And Centurian Collins Property Owner, LLC (Developer), Attached Hereto As Exhibit 1, In Which The Developer Designed, Developed, Constructed And Partially Funded Improvements Along Liberty Avenue From The Northern Corner Of 23 Street To Collins Canal, Which Improvements Are Valued At $265,430.29, And Authorizing The City To Reimburse Developer $95,000, As The City’s Full And Final Contribution Toward The Cost Of Constructing The Liberty Avenue Improvements. (Public Works) ACTION: Resolution 2015-29210 adopted. Eric Carpenter to handle. C7K A Resolution Retroactively Approving A Contribution From The Ocean Drive Association, In An Amount Not To Exceed $60,000.00, In Support Of The Fireworks Show On The Beach And The Closure Of Ocean Drive, From 5th To 15th Streets, For The 2015-2016 New Year’s Celebration. (Tourism, Culture & Economic Development) ACTION: Resolution 2015-29211 adopted. Max Sklar to handle. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 15 C7L A Resolution Authorizing The City Manager To Execute A Funding Agreement (“Agreement”) With The State Of Florida Department Of Transportation (“FDOT”) Attached Hereto As Exhibit 1, Which Agreement Provides That FDOT Shall Remove Nine (9) Parking Spaces Along Alton Road In Order To Install Certain Roadway Improvements And In Exchange FDOT Shall Provide $139,995.00 As Payment To The City For The Loss Of Said Parking Spaces. (Public Works) ACTION: Resolution 2015-29212 adopted. Eric Carpenter to handle. C7M A Resolution Approving And Authorizing The City Manager To Execute A Sponsorship Agreement With Miami Beach Bowl LLC, In The Amount Of One Hundred Fifty Thousand Dollars ($150,000), To Sponsor The 2015 Miami Beach Bowl, A Post-Season College Football Game At Marlins Park On December 21, 2015. (Tourism, Culture & Economic Development) ACTION: Resolution 2015-29213 adopted. Max Sklar to handle. C7N A Resolution Ratifying A Corrective Perpetual Easement Between The City Of Miami Beach (“City”) And The State Of Florida Department Of Transportation (“FDOT”), Which Reflects The Actual Locations The City Installed Three Storm Water Pump Stations Along Alton Road, Between 5th And 10th Streets; And Further Approving And Authorizing The Mayor And City Clerk To Execute A First Amendment To The Associated October 5, 2012 Maintenance Memorandum Of Agreement. (Public Works) ACTION: Resolution 2015-29214 adopted. Eric Carpenter to handle. C7O A Resolution Urging The Florida Legislature To Oppose Florida House Bill 401, Which Would (1) Provide Immunity From Liability For Health Care Facilities Or Health Care Providers That Refuse To Administer, Recommend, Or Deliver Medical Treatments Or Procedures That Would Be Contrary To Religious Or Moral Convictions Or Policies; (2) Provide Immunity From Liability For Individual Persons, Closely Held Organizations, Religious Institutions, Or Businesses Owned Or Operated By A Religious Institution That Refuse To Produce, Create, Or Deliver Custom Products Or Services That Would Be Contrary To Religious Or Moral Convictions Or Policies; (3) Provide Immunity From Liability For A Private Child-Placing Agency That Refuses To Perform, Assist In, Recommend, Consent To, Or Participate In The Placement Of A Child That Would Be Contrary To Religious Or Moral Convictions Or Policies; And (4) Preempt Local Regulations To The Contrary. (Sponsored by Commissioner Micky Steinberg) (Legislative Tracking: Office of the City Attorney) ACTION: Resolution 2015-29215 adopted. Office of the City Attorney to handle. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 16 9:53:47 a.m. C7P A Resolution Accepting The Recommendation Of The City’s Committee For Quality Education And Urging Florida Governor Rick Scott And The Florida Legislature To Increase Per Pupil Education Funding In Florida Public Schools To Equal Or Exceed The National Average Of Approximately $10,700 Per Pupil. (Sponsored by Commissioner Micky Steinberg) (Co-Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Office of the City Attorney) ACTION: Resolution 2015-29216 adopted. See related item R9I. Item separated by Commissioners Malakoff and Steinberg. Motion made by Commissioner Grieco; seconded by Commissioner Malakoff; Voice-vote: 7-0. Office of the City Attorney to handle. Commissioner Steinberg requested that Commissioner Malakoff cosponsor the item, which is very similar to her own item R9I. Commissioner Malakoff agreed to cosponsor the item, and stated that the City needs to receive more money from the State of Florida for pupil education, which is nowhere near the national level. Request to co-sponsor granted. C7Q A Resolution Accepting The Recommendation Of The City Manager To Reject All Proposals Received Pursuant To Request For Qualifications (RFQ) No. 2015-206-KB, For Roofing Consulting Services, And Authorizing The City Administration To Issue A New RFQ For Roofing Consulting Services Following An Industry Review Meeting. (Procurement/Property Management) ACTION: Resolution 2015-29217 adopted. Alex Denis and Anthony Kaniewski to handle. ADDENDUM MATERIAL 3 C7R A Resolution Acknowledging Mayor Philip Levine’s Decision To Voluntarily Forego The Full Annual Salary And Other Compensation And Benefits Afforded To The Office Of Mayor, As Hereinafter Set Forth In This Resolution (The “Mayor’s Compensation”) For Fiscal Year 2015-2016, And Approving The Transfer Of Funds Equivalent To The Mayor’s Compensation From The City Of Miami Beach To One Miami Beach, Inc. So That Such Funds May Be Expended By One Miami Beach, Inc. To Fund Qualified Needs And Projects, As Determined By One Miami Beach, Inc., That Benefit Animal Welfare. (Sponsored by Mayor Philip Levine) ACTION: Resolution 2015-29218 adopted. Allison Williams and Sylvia Crespo-Tabak to handle. End of Consent Agenda After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 17 REGULAR AGENDA R2 - Competitive Bid Reports 9:55:08 a.m. R2A Request For Approval To Issue A Request For Qualifications (RFQ) No. 2015-245-KB For Architectural And Engineering Design Services For The Lincoln Road District Improvements. (Procurement/Capital Improvement Projects) (Continued from October 21, 2015 - R2A) ACTION: Request approved. Motion made by Commissioner Grieco; seconded by Commissioner Malakoff. Voice-vote: 7-0. Alex Denis and David Martinez to handle. City Manager Morales explained that in October 2015, this item was brought forth to solicit architectural engineer services to do the drawings for the Lincoln Road Plan, based on the Master Plan approved. At that time, the Administration was directed to bring this back to this Commission Meeting to consider comments received from the property owners. Comments have been received and are incorporated in the documents. Commissioner Malakoff thanked Steven Gombinski, Lincoln Road Business Improvement Association, for the suggestions that have been placed into the goals for improvement of the RFP; and added that this helps the City to have more architectural and engineering firms apply under these rules. She extended her gratitude to the participants in this process. Alex Heckler, Esq., on behalf of the Lincoln Road Property Owners Association and the Business Improvement District, thanked the City Manager and his team for allowing the Lincoln Road owners to be involved in the process to make sure this is done the right way the first time , and have competition from around the world come and design this project. R5 - Ordinances 10:04:31 a.m. R5A Consolidation & Standardizing Of Notification Procedures, And Rehearing & Appeal Procedures 1. An Ordinance Creating Section 118-8 Entitled “Notice Procedures” At Chapter 118, “Administration And Review Procedures,” In Order To Consolidate And Standardize The Notice Provisions From The Various Subsections Of The Land Development Code In One Section; Amending And/Or Striking The Various Notice Provisions From Article II “Boards,” Division 5 “Board Of Adjustment” At Section 118-134; Article IV “Conditional Use Procedure” At Section 118-193; Article VI “Design Review Procedures” At Section 118-254; Article X “Historic Preservation” Division 3 “Issuance Of Certificate Of Appropriateness/Certificate To Dig/Certificate Of Appropriateness For Demolition” At Section 118- 563; And Division 4 “Designation” At Section 118-591; Providing For Repealer; Severability; Codification; And An Effective Date. 10:00 a.m. Second Reading Public Hearing (Sponsored by Commissioner Michael Grieco) (Legislative Tracking: Planning) (First Reading on October 14, 2015 - R5L1) ACTION: Title of the Ordinance read into the record. Ordinance 2015-3976 adopted. Public Hearing held. Motion made by Commissioner Grieco; seconded by Commissioner Malakoff; Ballot- vote: 7-0. Thomas Mooney to handle. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 18 RECOMMENDATION: Add a visible website that lists demolition permits and related information. Thomas Mooney to handle. Thomas Mooney, Planning Director, introduced the item. Eve Boutsis, Deputy City Attorney, explained that the idea was to take the provisions that were within the Board of Adjustment, Planning Board and/or Historic Preservation Board and place them in one section of the Code to make them consistent and easy to find. There were some minor tweaks done at the request of Kent Harrison Robins, but nothing substantive. Commissioner Malakoff commented that when homes are being demolished, neighbors want to know in advance when that is happening. She had suggested bright red 11 x 17 signs to alert the neighbors of upcoming demolitions. Carmen Sanchez, Planning Department Assistant Director, stated that the red laminated signs have already been implemented. There are several layers of notifications, including noticing surrounding property owners and advertisement in local newspaper. Motion made by Commissioner Grieco to approve the item; seconded by Commissioner Malakoff. No vote taken. Vice-Mayor Alemán asked if the demolition notices are also available on the City’s website, and if they are easy to find. Ms. Sanchez stated that all items coming in front of the Planning Board are listed on the City’s website. Discussion held. Frank Del Vecchio stated that it is difficult to know when an item is coming to a Board; and this is a very good point that Vice-Mayor Alemán makes, as there is widespread interest on the subject. The Planning Director should give attention to a separate online posting of demolitions. Daniel Ciraldo asked if the notice is only for buildings being demolished that go to a board, or if this can be expanded to those buildings demolished that do not go to a board, so neighbors have an idea that there will be a demolition. Thomas Mooney, Planning Director, stated that there is no requirement to notify neighbors about a demolition, unless the property is located within a Local Historic District or it is a single-family home constructed before 1942. There was legislation proposed early this year about establishing comprehensive demolition procedures, but that did not go forward. At the direction of the City Commission, they can look into it. Commissioner Rosen Gonzalez suggested notifying neighbors via e-mail as well. Mayor Levine suggested having one section on the website that is easily found for demolitions only. Discussion held. Commissioner Steinberg added that the City’s website is being redesigned but she agrees including a section having to do with demolition list. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 19 City Manager Morales stated that, unfortunately, on the Constant Contact system, users need to submit their contact information in order to receive notifications. Handouts or Reference Materials: 1. Ad 1104 published in Neighbors Section of The Miami Herald. 2. E-mail from Commissioner Michael Grieco dated December 01, 2015 RE: 2 ethics Ordinances set for 12/9 2nd reading. 10:13:52 a.m. 2. An Ordinance Consolidating And Standardizing The Rehearing And Appeal Procedures, Including Administrative Appeals And Quasi-Judicial Applications Before Historic Preservation Board, Board Of Adjustment, Planning Board, And Design Review Board, By Creating The Following Sections: Chapter 118, “Administration And Review Procedures,” At Section 118-9, Entitled “Appeal And Rehearing Procedures”; And Amending Article II “Boards” Division 3 “Design Review Board” At Section 118-71; Division 5 “Board Of Adjustment” At Sections 118-134, 118-136, 118-137, 118-138; Article IV “Conditional Use Procedure” At Sections 118-193, And 118-197; Article VI “Design Review Procedures” At Sections 118-258, 118-260, 118-261, 118-262, 118-263; Article VIII “Procedures For Variances And Administrative Appeals” At Sections 118-352 And 118-358; Article IX “Nonconformances” At Sections 118-395 And 118-397; Article X “Historic Preservation”; Division 2 “Historic Preservation Board Review Of Projects” At Sections 118-532, 118-536, And 118-537; Division 3 “Issuance Of Certificate Of Appropriateness/Certificate To Dig/ Certificate Of Appropriateness For Demolition” At Sections 118-563, 118-564, 118-565; Division 5 “Single-Family Ad Valorem Tax Exemption” At Section 118-609; Chapter 142, “Zoning Districts And Regulations” At Article II “District Regulations,” Division 2 “RS-1, RS-2, RS-3, RS-4 Single Family Residential Districts At Section 142-108 In Order To Remove Any Conflicts With Newly Created Section 118-9; Providing For Repealer; Severability; Codification; And An Effective Date. 10:00 a.m. Second Reading Public Hearing (Sponsored by Commissioner Michael Grieco) (Legislative Tracking: Planning) (First Reading on October 14, 2015 - R5L2) ACTION: Title of the Ordinance read into the record. Ordinance 2015-3977 adopted. Public Hearing held. Motion made by Commissioner Grieco; seconded by Commissioner Malakoff; Ballot- vote: 7-0. Thomas Mooney to handle. Commissioner Rosen Gonzalez voted “yes” on the item at 10:20:57 a.m. Handouts or Reference Materials: 1. Ad 1104 published in Neighbors Section of The Miami Herald 2. E-mail from Commissioner Michael Grieco dated December 01, 2015 RE: 2 ethics Ordinances set for 12/9 2nd reading. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 20 10:16:55 a.m. R5B Land Development Regulations Fee Structure And Permitting Fees 1. An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, Florida; By Amending Chapter 114 Entitled “General Provisions,” At Section 114-7; Chapter 118 Entitled “Administration And Review Procedures,” Article I Entitled “In General”, At Sections 118- 3 And 118-6, Article III Entitled “Amendment Procedure”, At Section 118-162, Article IV Entitled “Conditional Use Procedure,” At Section 118-193 And 118-196, Article VI Entitled “Design Review Procedures,” At Sections 118-253 And 118-255, Article VII Entitled “Division Of Land/Lot Split,” At Section 118-321, Article VIII Entitled “Procedure For Variances And Administrative Appeals,” At Sections 118-353 And 118-357, Article IX Entitled “Nonconformances,” At Section 118-399, Article X Entitled “Historic Preservation,” At Sections 118-562, 118-563, 118-564, And 118-591; Chapter 138, Entitled “Signs,” At Sections 138-135 And 138-136; Chapter 142, Entitled “Zoning Districts And Regulations,” At Section 142-108; And Further Amending Chapter 118, Entitled “Administration And Review Procedures,” To Create Section 118-7 And 118-8; Updating And Consolidating The Sections Of The Land Development Regulations Requiring The Assessment Of Fees In Order To Improve Predictability, Transparency And Efficiency Of The Code; Providing For Repealer, Severability, Codification, And An Effective Date. 10:05 a.m. Second Reading Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Planning/Building/Fire/Public Works) (First Reading on October 14, 2015 - R5N1) ACTION: Title of the Ordinance read into the record. Ordinance 2015-3978 adopted. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Grieco; Ballot- vote: 7-0. Thomas Mooney, Mariano Fernandez, Virgilio Fernandez and Eric Carpenter to handle. Thomas Mooney, Planning Department Director, introduced the item. Commissioner Rosen Gonzalez asked for an explanation for the increase on building permits for residents, and wanted to know what the fees were before and what they will be if this Ordinance is adopted. Carmen Sanchez, Planning Department Assistant Director, explained that previously there were set fees, and over time, they found that the set fees no longer represented the actual work involved; secondly, the fees had not been updated for over 10 years. What their analysis showed is that the general fund had been underwriting development by approximately 70%. In answering Commissioner Rosen Gonzalez, Ms. Sanchez explained that permit fees would be a percentage of the value of the construction; from a set fee to a percentage based, which is what the City Commission adopted for the building permit. They are following that same methodology. This is only meant to recapture costs, and commercial construction will be charged higher rates, which in this case is .07% and .5% for residential. Commissioner Malakoff thanked Carmen and Planning Department staff for their work. Handouts or Reference Materials: 1. Ad 1104 published in Neighbors Section of The Miami Herald After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 21 10:21:33 a.m. 2. An Ordinance Amending The Code Of The City Of Miami Beach, Florida, Amending Appendix A, “Fee Schedule” To Revise Building, Fire, Planning, And Public Works Fees Charged For Services Related To Land Development And Permitting; Providing For Repealer, Severability, Codification And An Effective Date. 10:05 a.m. Second Reading Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Planning/Building/Fire/Public Works) (First Reading on October 14, 2015 - R5N2) ACTION: Title of the Ordinance read into the record. Ordinance 2015-3979 adopted. Public Hearing held. Motion made by Commissioner Rosen Gonzalez; seconded by Commissioner Grieco; Ballot-vote: 7-0. Thomas Mooney, Mariano Fernandez, Virgilio Fernandez and Eric Carpenter to handle. Frank Del Vecchio stated that there was a whistleblower several years ago who submitted documentation that permitting fees were based on evaluations of buildings; the evaluation was arbitrarily reduced since the access to the system at that point was opened but not closed. They believe that in the audit in the Building Department there was a recommendation to prevent unauthorized people from changing the initial evaluation on which the percentage building fee was placed. He thinks it is something the City Commission should know. Handouts or Reference Materials: 1. Ad 1104 published in Neighbors Section of The Miami Herald 10:23:06 a.m. 3. An Ordinance Amending Chapter 14, “Building Regulations,” Division 2, “Permit Fees,” At Sections 14-61, 14-62, 14-66, 14-67, 14-68, 14-70, And 14-72; Chapter 15, “Zoning Review Fee Associated With The Building Permit Process,” Article II, “Zoning Review Fees Associated With The Building Permit Process,” At Sections 15-31, 15-32, 15-33, 15-34, 15-35, 15-36, And 15-37; Chapter 50, “Fire Prevention And Protection,” At Sections 50-3, 50-4, 50-5, 50-6, 50-7, And 50-8; Chapter 66, “Marine Structures, Facilities And Vehicles,” Article III, “Piers, Docks And Boat Ramps,” At Section 66-114; Chapter 86, “Sales,” Division 2, “Permit,” At Section 86-56; Chapter 98, “Streets And Sidewalks,” Article III, “Excavations,” Division 2, “Permit,” At Sections 98-93 And 98-94; Further Amending Chapter 50, “Fire Prevention And Protection,” To Create Sections 50-9, 50-10, 50-11, 50-12, 50-13, 50-14, And 50-15; Chapter 98, “Streets And Sidewalks,” Article III, “Excavations,” Division 2, “Permit,” To Create Sections 98-95, 98-96, 98-97, 98-98, 98-99, And 98-100; Updating And Consolidating The Sections Of The City Code Of Ordinances That Require The Assessment Of Fees For Permitting Services In Order To Improve Predictability, Transparency And Efficiency Of The Code; Providing For Repealer, Severability, Codification, And An Effective Date. 10:05 a.m. Second Reading Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Planning/Building/Fire/Public Works) (First Reading on October 14, 2015 - R5N3) ACTION: Title of the Ordinance read into the record. Ordinance 2015-3980 adopted. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Grieco; Ballot- vote: 7-0. Thomas Mooney, Mariano Fernandez, Virgilio Fernandez and Eric Carpenter to handle. Handouts or Reference Materials: 1. Ad 1104 published in Neighbors Section of The Miami Herald After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 22 10:25:27 a.m. R5C AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THECITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THECODE OF THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT,"BY AMENDING ARTICLE III, ENTITLED "LITTER," BY AMENDINGDIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 46-92 TO AMEND THE ENFORCEMENT AND PENALTY PROVISIONSFOR VIOLATIONS OF SUBSECTIONS (B), (C), (D), AND (E), BYINCREASING PENALTIES FOR VIOLATIONS OF SUBSECTIONS (B),(C), (D), AND (E); TO AMEND PROVISIONS IN SUBSECTIONS (L)AND (M) REGARDING APPEALS FROM VIOLATIONS; AND TOAMEND THE PROVISIONS IN SUBSECTION (M) REGARDING LIENSFORUNPAIDFINES;ANDPROVIDINGFORREPEALER,SEVERABILITY, CODIFICATION, AND AN EFFECTIVE 10:10 a.m. Second Reading Public Hearing (Sponsored by Commissioner Grieco) (Legislative Tracking: Environment & Sustainability) (Continued from October 14, 2015 - R5D) ACTION: Title of the Ordinance read into the record. Ordinance 2015-3981 adopted as amended. Public Hearing held. Motion made by Commissioner Grieco to amend the Ordinance removing the criminal component, but adopting the fine schedule in Alternative B; seconded by Commissioner Steinberg. Ballot-vote: 4-3; Opposed: Commissioners Arriola, Rosen Gonzalez and Malakoff. Elizabeth Wheaton to handle. Alternative B – Version of Ordinance that was adopted For litter violations that take place on a beach or park within the City, or on a City marina, pier, dock, or boat ramp, the civil fines would be as follows: a. First offense within a 12-month period: $1,500.00 civil fine; b. Second offense within a 12-month period: $2,500.00 civil fine; and c. Third or subsequent offense within a 12-month period: $3,500.00 civil fine. In lieu of civil fine, the Special Master can accept voluntary community services. Commissioner Grieco stated that this Ordinance makes it a criminal offense to litter in the City’s beaches, parks and marinas. He then presented four plastic bags full of cigarette butts picked up from the beach after a recent cleanup effort. He finds it offensive that anyone would drop litter in the beaches, parks and/or marinas. He added that it is not the residents, but the visitors that are littering, and it is time to take back the public land. His goal is to implement enforcement of the existing laws. He is working on a huge anti-litter campaign with signs that read that if an individual litters in the beaches or marinas, the individual is subject to criminal penalties. Commissioner Rosen Gonzalez explained that beach cleanup is the responsibility of the County, and not the City; she is not in favor of punishing tourists, who are the biggest generators of the City’s revenue, but they need to make sure the County cleans the beaches. She is against litter and is pro- environment; but she is also for tourism. Commissioner Malakoff stated that this Ordinance is unfriendly to the tourist community. She agrees with Commissioner Grieco that the City needs an anti-litter campaign on how important it is to keep beaches and parks clean, and educate tourists and residents on the environmental issues and harmful effects of litter on to sea creatures. She explained that in order to enforce a misdemeanor offense, the officer must see the person committing the crime. She stated that nonviolent legal penalties are clogging the legal system. She cannot support the item as is. She read the fines for littering from a car onto a street ($100), and the fines imposed for marijuana possession ($100) as compared to the proposed fines for littering (at least $1,000 or $1,500). They need to move forward on the positive anti-litter campaign and agrees with Commissioner Rosen Gonzalez in ensuring that After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 23 the County cleans the beaches, that the City adds more trash receptacles on the beaches, and that visitors have a wonderful experience in the City. Vice-Mayor Alemán suggested an idea that is implemented in the City of St. Petersburg, where the inspectors issue a ticket and a voucher for first-time offenders that are not familiar with the City’s laws. For tourists that are not familiar with the City’s rules, on the first offense, they receive some kind of voucher that is applied toward the fine. Commissioner Arriola agrees with Commissioner Rosen Gonzalez and feels this is not friendly to tourists; the fines are very heavy, although he applauds Commissioner Grieco for taking the lead on this. He suggested an anti-litter advertising campaign, as is done in the National Parks. Commissioner Steinberg stated that they need to send a strong message to everyone on the subject and include educational campaigns; but the City needs to do a better job, more outreach, and have strong fines. She agreed with Vice-Mayor Alemán with regard to a voucher system. She commended Commissioner Grieco for addressing the item, because this is a serious issue. Mayor Levine stated that hotels need to share the burden of educating guests and supported a voucher program. He suggested refining this and perhaps bringing the item back in January 2016 with some revisions. Commissioner Grieco is concerned that no one wants to be the “bad guy,” but no one is doing anything about it. The education campaign may not work. The reality is that the voucher program is not going to accomplish anything. He moved to amend the Ordinance to remove the criminal component and to use the fine schedule in Alternative B; motion seconded by Commissioner Steinberg. Elizabeth Wheaton, Environmental & Sustainability Department Director, stated that they are working with the GMCVB to develop a PSA campaign that will include working with the hotels and restaurants, it is a full community approach and they are looking at having schoolchildren develop the message. Discussion held. Carmen Romero stated that the beaches are in need of more trashcans. Dave Doebler has been picking up litter from the bay for about four years. Litter is everywhere, visitors and residents treat the City as litter cans and ashtrays. This all ends up in the bay where volunteers spend the weekends picking it up. They recently removed 900 pounds of trash from the bay including bottle caps, Styrofoam food containers and cigarette butts. The City and County have spent millions of dollars dealing with cleaning up trash. He supports this proposal to give law enforcement the tools and direction to get to the root of the problem, which are people littering. He suggested volunteercleanup.org would commit to offering monthly bay clean ups to offenders, as an alternative to the fines and penalties. The following individuals spoke: Frank Del Vecchio Ray Breslin Carolina Jones Alex Arces Discussion held. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 24 Raul J. Aguila, City Attorney, read the fines for Alternative B. Handouts or Reference Materials: 1. Ad 1104 published in Neighbors Section of The Miami Herald 10:55:50 a.m. R5D An Ordinance Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled “Public Property,” By Amending Article IV, Entitled “Uses In Public Rights-Of-Way,” By Amending Division 5, Entitled “Sidewalk Cafes,” By Amending Subdivision II, Entitled “Permit,” By Amending Section 82- 381 Thereof, Entitled “Permitted Areas; Conditional Permit; City Manager's Right To Remove Sidewalk Cafes,” By Requiring Display Of Prices For Food And Drink Menu Items Or Any Food And Drink Menu Specials, And Establishing A Notice Provision To Customers Regarding Any Automatic Gratuity Or Service Charge By The Operator Of The Sidewalk Café; By Amending Section 82-382 Thereof, Entitled “Application,” Mandating That A Sidewalk Café Application Be Denied For Failure To Have Food And Drink Menus Which Includes Prices For Food And Drink Menu Items, Food And Drink Menu Specials, Or Notification Of Any Automatic Gratuity Or Service Charge Imposed By The Sidewalk Café Operator; By Amending Section 82-385 Thereof, Entitled “Minimum Standards, Criteria, And Conditions For Operation Of Sidewalk Cafes,” By Prohibiting A Sidewalk Café To Operate Without Food And Drink Menus Which Show The Pricing For Any Food And Drink Menu Item Or Food And Drink Menu Special, And Fail To Notify Customers Of Any Automa tic Gratuity Or Service Charge Imposed By The Sidewalk Café Operator; And Providing For Repealer, Severability, Codification, And An Effective Date. 10:15 a.m. Second Reading Public Hearing (Sponsored by Commissioner Micky Steinberg) (Legislative Tracking: Office of the City Attorney) (First Reading on October 14, 2015 - R5K) ACTION: Title of the Ordinance read into the record. Ordinance 2015-3982 adopted. Public Hearing held. Motion made by Commissioner Steinberg; seconded by Commissioner Grieco; Ballot - vote: 7-0. Office of the City Attorney to handle. RECOMMENDATION: Office of the City Attorney to address the City Commission on issues of concerns regarding daily food specials for further amendments. Evaluate food and drink specials in the City’s Secret Shopper for follow up. Commissioner Steinberg introduced the item; she stated that over the years when people go out to eat and are offered food or drink specials, the prices are not disclosed and they end up paying outrageous prices. This Ordinance proposes a requirement for restaurants to disclose prices, and thereby protect residents, visitors and customers. It also forces people to disclose prices and tips to the customers. Mayor Levine stated that additional gratuity on credit cards are also a problem. Aleksandr Boksner, First Assistant City Attorney, stated that one thing that may be of concern is that they are forcing implementation of State law, based on the parameters of what the State law requires. He does not want to put the City at risk for invalidating the entire Ordinance; however, he has no problem taking the legal position that it is City property. The problem that is going to entail is that they are doing this because they are operating on City property pursuant to authorization. It can be done Citywide for sidewalk cafés, but not for hotels. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 25 Commissioner Malakoff stated this is good protection for visitors. She has had problems with daily specials, and would like to exempt true daily food specials from the Ordinance. Vice-Mayor Alemán suggested that food and drink specials can be announced or posted, and she suggested including the evaluation of this in the Secret Shopper that the City administers for follow up. Commissioner Steinberg feels strongly about not granting exemptions for specials, as it defeats the purpose or the Ordinance. The issue is the disclosure factor. There are many forms of disclosure that comply. She added that this is only for sidewalk cafés. Mr. Boksner stated that the mechanism on enforcement will be based on the evidence presented; if they find that they have issues of concern regarding enforcement, they will address the City Commission for further amendments. Daily specials need to be identified. Discussion continued. Frank Del Vecchio spoke. Handouts or Reference Materials: 1. Ad 1105 published in Neighbors Section of The Miami Herald 11:05:28 a.m. R5E An Ordinance Amending Chapter 106 Of The Miami Beach City Code, Entitled “Traffic And Vehicles,” By Amending Article II, Entitled “Metered Parking,” By Amending Division 1, Entitled “Generally,” By Amending Section 106-47, Entitled “Freight, Commercial, And Passenger Curb Loading Zones; Hours, Deliveries”; By Deleting Subsection (c), (d) And (e); By Amending Subsection (b) To Require Property Owners And Businesses To Confirm Compliance With Subsection (g) For Commercial Motor Vehicles Deliveries And Services; By Prohibiting Deliveries Or Services For Commercial Motor Vehicles That Fail To Comply With Subsections (f) Through (n); By Creating A New Subsection (d) And (e), Which Limits The Authority Of The Special Master; By Amending The Enforcement And Penalty Provisions For Violations Of Subsection (b); Providing For Codification, Repealer, Severability, And An Effective Date. 10:20 a.m. Second Reading Public Hearing (Sponsored by Commissioner Michael Grieco) (Legislative Tracking: Office of the City Attorney/Parking) (Continued from October 14, 2015 - R5E) ACTION: Title of the Ordinance read into the record. Item deferred by acclamation. Item opened and continued to January 13, 2016; Ballot-vote: 7-0. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda. Office of the City Attorney and Saul Frances to handle. Handouts or Reference Materials: 1. Ad 1105 published in Neighbors Section of The Miami Herald After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 26 11:06:41 a.m. R5F Sunset Harbour CD-2 Entertainment Prohibition An Ordinance Amending The Code Of The City Of Miami Beach, Florida By Amending Chapter 142, “Zoning Districts And Regulations,” Article II, “District Regulations,” Division 5, “CD-2 Commercial Medium Intensity District,” At Section 142-305, “Prohibited Uses,” By Adding Bars, Dance Halls, And Entertainment Establishments As Prohibited Uses Within The CD-2, Sunset Harbour Neighborhood, Generally Bounded By Purdy Avenue, 20th Street, Alton Road And Dade Boulevard; Providing For Codification; Repealer; Severability; Applicability; And An Effective Date. 10:25 a.m. Second Reading Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Planning) (First Reading Public Hearing on October 21 - R5A) ACTION: Title of the Ordinance read into the record. Ordinance 2015-3983 adopted. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Rosen Gonzalez; Ballot-vote: 7-0. Thomas Mooney to handle. Thomas Mooney, Planning Department Director, stated that this is a cleanup Ordinance that reinstates the prohibition on bars, stand along bars, dancehalls and entertainment establishments on the Sunset Harbour area. Handouts or Reference Materials: 1. Ad 1105 published in Neighbors Section of The Miami Herald. 2. Ad 1106 published in Neighbors Section of The Miami Herald. 11:08:51 a.m. R5G An Ordinance Amending Miami Beach City Code Chapter 2 “Administration,” Article VII “Standards Of Conduct,” Division 5 “Campaign Finance Reform,” Encompassing City Code Sections 2-487 “Prohibited Campaign Contributions By Vendors,” City Code Section 2-488 “Prohibited Campaign Contributions By Lobbyists On Procurement Issues,” City Code Section 2-489 “Prohibited Campaign Contributions By Real Estate Developers,” And City Code Section 2-490 “Prohibited Campaign Contributions By Lobbyists On Real Estate Development Issues,” By Providing That Commencing Upon The Effective Date Of The Ordinance, Members Of The City Commission Or Candidates For Said Offices Shall Be Prohibited From Either Directly Or Indirectly Soliciting, Accepting Or Depositing Any Campaign Contribution Regarding City Elected Office From A Vendor, Lobbyist On A Procurement Issue, Real Estate Developer, Or Lobbyist On A Real Estate Development Issue; Providing For Repealer, Severability, Codification, And An Effective Date. 10:30 a.m. Second Reading Public Hearing (Sponsored by Commissioners Micky Steinberg & Michael Grieco) (Legislative Tracking: Office of the City Attorney) (First Reading on October 14, 2015 - R5J) ACTION: Title of the Ordinance read into the record. Item opened and continued to January 13, 2016 by acclamation, until such time as a Commission W orkshop can be scheduled and held. In the interim, the City’s Outside Constitutional Attorney will review the Ordinance and the Office of the City Attorney shall transmit to the City Commission. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda. Office of the City Attorney to handle. TO DO: Schedule City Commission Workshop and coordinate with Joe Centorino and Raoul G. Cantero who will be attending. Gloria Baez to handle. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 27 Mayor Levine suggested deferring related items to a public workshop. Raul J. Aguila, City Attorney, stated, that regarding items R5G, R5H and R5P, at the last Commission Meeting, the Commission directed him to retain a Constitutional Attorney to look at these Ordinances. They have retained Raoul G. Cantero, III, former Justice of the Florida Supreme Court, who has been meeting with the Office of the City Attorney and will give his legal opinion regarding these Ordinances. Raul will transmit Mr. Cantero’s opinion to the City Commission when available. Secondly, the City Commission directed him, between first and second reading of the Ordinances, to hold a Commission Workshop to discuss further. The action needed is to open and continue these Ordinances and schedule a Commission Workshop. City Attorney Aguila added that Joseph M. Centorino, Executive Director, Ethics Commission will be in attendance. Discussion held. Handouts or Reference Materials: 1. Ad 1105 published in Neighbors Section of The Miami Herald R5H An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 5 Entitled “Campaign Finance Reform,” By Adding Thereto Section 2-491 Entitled “Disclosure Of Solicitation,” Requiring Any Candidate Or Campaign Committee Of A Candidate For The Offices Of Mayor Or Commissioner Or Member Of The City Commission Who, On Behalf Of A Political Committee Which Supports Or Opposes Candidates For Elected City Office, Solicits Campaign Contributions For City Elected Office From A Vendor, Lobbyist On A Procurement Issue, Real Estate Developer And/Or Lobbyist On A Real Estate Development Issue, To Disclose The Date Of Solicitation As Well As Name And Contribution Amounts Of Any Individual Who Was Solicited, Disclosure To Be Filed In Office Of The City Clerk. First Reading (Sponsored By Commissioners Micky Steinberg & Michael Grieco) (Legislative Tracking: Office of the City Attorney) (Continued from October 14, 2015 - R5O) ACTION: Title of the Ordinance read into the record. See comments with R5G. Item opened and continued by acclamation. Commission Workshop to be scheduled prior to the January 13, 2016 Commission Meeting. Rafael E. Granado to notice when scheduled. Lilia Cardillo to place on the Commission Agenda if received. Office of the City Attorney to handle. Handouts and Reference Materials: 1. E-mail from Frank Del Vecchio, fdelvecchio@atlanticbb.net dated December 06, 2015 to Mayor and City Commission RE: R5H, Dec. 9 Commission Meeting with attached document titled 12.9.15 re R5H Disclosure of Pac Solicitations by Elected Officials.docx. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 28 3:17:23 p.m. R5I Art In Public Places Review Process An Ordinance Amending The City Code, By Amending Chapter 82, "Public Property," Article VII, “Art In Public Places," Division 4, "Procedures," At Section 82-612, "Selection Of Artists And Works Of Art," In Order To Amend The Procedures For Selecting Artists; Providing For Codification; Repealer; Severability, And An Effective Date. First Reading (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Tourism, Culture & Economic Development) ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading. Motion made by Commissioner Malakoff to approve the item; seconded by Commissioner Rosen Gonzalez. Ballot vote: 7-0. Second reading, Public Hearing scheduled for January 13, 2016. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Max Sklar to handle. Max Sklar, Tourism, Culture & Economic Development Director, explained that at Commissioner Malakoff’s request, the item amends the Art in Public Places Ordinance in the Code to streamline the review process, which currently calls for two readings at HPB or DRB. This amendment reduces the review at only one reading. 3:19:15 p.m. R5J Traffic Study Requirements An Ordinance Amending The Land Development Regulations Of The City Code, By Amending Chapter 118, “Administration And Review Procedures,” Article VI, “Design Review Procedures,” At Section 118-253, By Including Application Requirements For Design Review Board Applications, To Include Threshold Requirements For The Submission Of Traffic Studies, And By Amending Chapter 118, “Administration And Review Procedures,” Article X, "Historic Preservation," Division 3, “Issuance Of Certificate Of Appropriateness To Dig/Certificate Of Appropriateness For Demolition,” At Section 118-562, By Including Threshold Requirements For The Submission Of Traffic Studies For Historic Preservation Board Applications; Providing For Codification; Repealer; Severability; And An Effective Date. First Reading (Sponsored by Commissioner Micky Steinberg) (Legislative Tracking: Planning) ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading. Motion made by Commissioner Steinberg to approve the item; seconded by Vice-Mayor Alemán. Ballot vote: 7-0. Second reading, public hearing scheduled for January 13, 2016. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to handle. Pursuant to Section 2-13 of the Code, a motion was made accepting the Land Use and Development Committee’s recommendation of this Ordinance; moved by Commissioner Steinberg, seconded by Commissioner Malakoff; Voice vote: 7-0. Commissioner Steinberg explained that there are many times where people do not go in front of a board that would automatically trigger traffic studies, but when pulling a building permit, they are told a traffic study is needed. This Ordinance amends language so that the trigger occurs at an earlier stage. Eve Boutsis, Deputy City Attorney, explained that they wanted to make clear that this is only triggered when there is a certain square footage or floor area, and it is not just for landscaping review. She read language from the Ordinance distributed on the floor, Page three: Sec. 118-253. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 29 Application for design review.(d)(9) Provided certain minimum criteria as to gross square footage or floor area are triggered as delineated under subsection a., below, a A transportation study and mitigation plan, which shall include strategies to mitigate traffic generated by the development, and shall encourage the use of alternative modes of transportation, shall be required in accordance….” The transportation study would be required and does not change the wording of the Ordinance in what Commissioner Steinberg is trying to accomplish, but it makes it clearer. Discussion held. Ms. Boutsis added that Planning and Transportation worked together and Transportation came up with the thresholds. Handouts or Reference Materials: 1. Traffic Study Requirements Ordinance distributed on the dais. 1:32:39 p.m. R5K Single Family Regulations - Lot Coverage, Unit Size, Height, Setbacks, And Courtyards An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, Florida, By Amending Chapter 142, “Zoning Districts And Regulations,” Division 2, “RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts,” At Sections 142-105, 142-106, And 142-108, By Modifying, Simplifying, And Clarifying How Lot Coverage, Unit Size, Roof Deck, Height, Setback, And Courtyard Requirements Are Applied In The Single Family Residential Districts; Eliminating Certain Design Review Waivers For Second Floor Volume And Side Elevation Requirements; Providing Codification; Repealer; Severability; And An Effective Date. First Reading (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Planning) ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading as amended. Motion made by Commissioner Malakoff to approve the item as amended; seconded by Commissioner Steinberg. Ballot vote: 6-1; Opposed: Mayor Levine. Second reading, public hearing scheduled for January 13, 2016. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to handle. Amendments: ✓ Exempt homes of 6,000 square feet or less from the lower unit size and lot coverage and look at the 30-foot setbacks to see how it would work. ✓ Change applicability date to the second hearing in January 13, 2016. ✓ Include a modification to Sec. 142-108 to reduce unit size 40% lot coverage to 35% lot coverage and 60% unit size to 55% for historic homes. ✓ Include roof overhangs eyebrows being allowed to project up to six feet without counting. Pursuant to Section 2-13 of the Code, a motion was made accepting the Land Use and Development Committee’s recommendation of this Ordinance; moved by Commissioner Malakoff, seconded by Vice-Mayor Alemán; Voice vote: 6-1; Opposed: Mayor Levine. Commissioner Malakoff moved the item with one condition, and that is to exempt from the reduction in unit size and lot coverage those lots that are 6,000 square feet or less; seconded by Commissioner Steinberg. No vote taken. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 30 Vice-Mayor Alemán believes the whole community is wrestling with preserving the character of the neighborhoods and at the same time struggling to understand the climate changes issues and its impact. She thinks 6,000 sq. ft. cutoff is important. She asked whether an individual can still get a variance, if the Ordinance was adopted, based on unique characteristics on their lots, and she was told that there is such process in place. Mayor Levine is adamantly against this item. He is in support of what the Planning Department passed without the reduction of lot size. He explained that they reduced lot coverage down to 30%, and he thinks they are taking away people’s property rights to a level that is wrong. They should go forward with what they did last year as opposed to continuing to keep cutting. Commissioner Arriola is in support of this item with the amendment. Commissioner Steinberg suggested having the effective date be at second reading, so those who have full plans are not penalized. Commissioner Malakoff agreed to have the applicability date as of January 13, 2016. Commissioner Rosen Gonzalez is in full support of the initiative. Commissioner Malakoff stated that other tweaks may be made between first and second reading, but clarified that for historic homes that have the ability to add 2,500 sq. ft., they have a greater lot coverage and greater unit size, and they should also be reduced by 5% of the unit size and lot coverage. Instead of 30% lot coverage, they are now allowed 40%, instead of 60% unit size, they should be allowed 55%, keeping them at 10% higher, and they can do those changes at second reading. Commissioner Grieco will vote on the item on first reading, in an effort to support his colleague, but he has reservations. He is not convinced that they are not giving the 2014 Ordinance time to “cook.” Discussion held. Commissioner Malakoff explained that there are homes built under the new codes, with 30% lot coverage and 50% unit size, which you can see throughout the City, that are still large for the lot and incompatible for the neighborhood. They reduced the unit size from 70% to 50% unit size; however, there are homes all around that are still incompatible to the neighborhood. In the near future, they will be raising the heights of all homes; they will be raised to base flood elevation plus three feet. All Miami Beach homes are going to be higher, and she thinks that they want to measure them from finish to have them being larger in volume and closer to neighbors, and taking up as much of the lot as they do today, she thinks is adding difficulties to the compatibility of the neighborhood that they all love, and that is what makes Miami Beach unique. Vice-Mayor Alemán stated that it is important to protect the air and the light between neighbors, and the setbacks will help with that; she hopes in the long term that as the City explores what the remedies are for residents, and as the City raises the roads and sidewalks to fight sea level rise, each homeowner will have their own personal strategic decision to make. Eve Boutsis, Deputy City Attorney, asked for clarification about the amendments. Commissioner Malakoff clarified her amendments: 1) exempt homes of 6,000 square feet or less from the lower unit size and lot coverage. 2) change applicability date to the second hearing in January; 3) include a modification to Section 142-108 reducing units side from 40% lot coverage to 35% lot coverage and 60% unit size to 55% for historic homes. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 31 Discussion continued about setbacks. Mr. Mooney stated that the small lot will not have the same side setbacks; but the front setback is the same across the board. The proposed Ordinance would require that the entire building, as opposed to half of it, be set back 30 feet. Discussion held. Commissioner Malakoff asked to look at lot sizes of homes of 6,000 square feet or less as to see how it would work with the 30-foot setback, between first and second reading. Tom Mooney to handle. Mr. Mooney asked if Commissioner Malakoff would like to include the Administration’s recommendation regarding roof overhangs and eyebrows being allowed to project to six feet? Commissioner Malakoff answered “yes.” 3:36:30 p.m. R5L Electric Vehicle Parking An Ordinance Amending The Land Development Regulations Of The City Code, By Amending Chapter 130, “Off-Street Parking,” Article II, “Districts; Requirements,” By Creating Section 130-39, Entitled “Electric Vehicle Parking Requirements,” To Provide Minimum Requirements For Electric Vehicle Parking Spaces And Charging Stations; Amending Article III, “Design Standards,” By Creating Section 130-72, Entitled “Electric Vehicle Parking Space Standards,” To Establish Design Standards For Electric Vehicle Parking Spaces; And Amending Article V, “Fee In Lieu Of Parking Program,” Section 130-132, Entitled “Fee Calculation,” To Establish An Additional Fee In Lieu Of Parking For Electric Vehicle Parking Spaces, And Section 130-134, Entitled “Deposit Of Funds; Account,” To Provide That Funds Generated By The Additional Fee In Lieu Of Parking For Electric Vehicle Parking Spaces Shall Be Deposited In The City’s Sustainability And Resiliency Fund; Providing For Codification, Repealer, Severability And An Effective Date. First Reading (Sponsored by Commissioner Micky Steinberg) (Legislative Tracking: Planning) ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading as amended. Motion made by Commissioner Steinberg to approve the item; seconded by Commissioner Malakoff. Ballot vote: 7-0. Second reading, public hearing scheduled for January 13, 2016. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to handle. Pursuant to Section 2-13 of the Code, a motion was made accepting the Land Use and Development Committee’s recommendation of this Ordinance; moved by Commissioner Malakoff, seconded by Commissioner Steinberg; Voice vote: 7-0. Amendment: Change fee in lieu of electric vehicle parking from $2,000 to $8,000 Thomas Mooney, Planning Department Director, introduced the item. Commissioner Steinberg stated that as more companies are going green and more affordable electric vehicles are available, she thinks this is a way to get the City to be more environmentally conscious and friendly. This Ordinance would require charging stations to be implemented in new construction; in residential they should be charge ready, so if residents choose to invest in an electric After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 32 vehicle, there is a charging option for them. The Planning Board came back with a favorable recommendation and one minor change was for commercial storages to make it a minimum of 20 spots; the other change was the fee. Eve Boutsis, Deputy City Attorney, stated that the installation for commercial or multi-family is between $6,000 and $12,000. She referred to Sec. 130-132(a), Page 748 of the Commission Agenda reads: In addition to the fee in lieu of parking, a fee in lieu of electric vehicle parking of $2,000 shall apply to each required electric vehicle parking space not provided. Commissioner Steinberg is requesting for a modification to $8,000. Discussion held regarding incentivizing individuals to install charging stations and fees calculations. Commissioner Arriola asked what happens if in the future, as technology improves, the implementation is cheaper. Mr. Mooney explained that the City Commission could revisit in the future. Discussion continued. 3:42:14 p.m. R5M Chapter 6 - Alcoholic Beverages An Ordinance Amending Chapter 6, Entitled “Alcoholic Beverages,” Of The Code Of The City Of Miami Beach, Florida, Article I, Entitled “In General,” Section 6-3 Thereof, Entitled “Hours Of Sale,” And Amending Chapter 82, Entitled “Public Property,” By Amending Article IV, Entitled “Uses In Public Rights-Of-Way,” Division 5, Entitled “Sidewalk Cafes,” Subdivision II, Entitled “Permit,” Section 82-388 Thereof, Entitled “Hours Of Sale Of Alcoholic Beverages; Enforcement,” To Cla rify That An Alcoholic Beverage Establishment Permitted To Serve Alcoholic Beverages For On- Premises Consumption Until 5:00 a.m. May Continue To Serve Alcoholic Beverages For On- Premises Consumption And For Consumption At The Establishment’s Sidewalk Cafe Until 7:00 a.m. On New Year’s Day And During Certain Major Event Days Or Weekends As May Be Designated Or Approved By The City Commission; And Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Sponsored by Commissioner Grieco) (Legislative Tracking: Office of the City Attorney) ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading as amended. Motion made by Commissioner Grieco to approve the item; seconded by Commissioner Malakoff. Ballot vote: 7-0. Second reading, public hearing scheduled for December 16, 2015. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Office of the City Attorney to handle. Amendment: Amend the Ordinance specifically for Ocean Drive from 5th to 15th Streets on New Year’s Day MOTION NO. 1: Motion made by Commissioner Grieco to amend the Ordinance to apply specifically to Ocean Drive from 5th to 15th Streets; seconded by Commissioner Malakoff; Ballot vote: 7-0. MOTION NO. 2: Motion made by Commissioner Grieco to extend the hours of sale of alcoholic beverages at alcoholic beverage establishments with 5:00 a.m. licenses, located on Ocean Drive between 5th Street and After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 33 15th Street, until 7:00 a.m. from January 1, 2016 through January 3, 2016; seconded by Vice-Mayor Alemán. Voice vote: 5-2. Opposed: Mayor Levine and Commissioner Malakoff. (No resolution needed to implement this direction.) Pursuant to Section 2-13 of the Code, a motion was made accepting the Land Use and Development Committee’s recommendation of this Ordinance; moved by Commissioner Malakoff; seconded by Commissioner Grieco; Voice vote: 7-0. Commissioner Grieco stated that during major events, the City makes adjustments in the law to accommodate such events. His understanding is that during major events, when the streets are closed, the costs are split 50/50 between the City and the Ocean Drive Association. The alcohol hours of sale Ordinance is an existing law, and the amendment would merely adjust the Ordinance to allow alcoholic beverage establishments on Ocean Drive between 5th and 15th Streets to serve alcoholic beverages at their sidewalk cafes until 7:00 AM. Police Chief Daniel Oates stated that the Police Department has enhanced staff available during major events. Max Sklar, Tourism, Culture & Economic Development Director, stated that Ocean Drive plans to close on the December 31, 2015 from 7:00 a.m. until January 3, 2016 at 7:00 a.m. The Ocean Drive Association is requesting two more days of 7:00 a.m. hours on January 2-3, 2016. Mayor Levine and Commissioner Malakoff only approve of changing the hours of sale of alcoholic beverages on New Year’s Day. Mayor Levine does not think Police Officers should be used for this purpose. Discussion held regarding closing the streets. Nick Kallergis, Assistant City Attorney, explained that what is already in the Code is that businesses with a 5:00 a.m. liquor licenses can serve until 7:00 a.m. on New Year’s Day, and on those days as designated by the City Commission. This Ordinance clarifies that sidewalk cafés can serve during those additional hours on New Year Day and on such other days as designated by the City Commission, and it is up to the City Commission to approve additional hours of alcohol sales on those additional days. Discussion held. Frank Del Vecchio added that this Ordinance permits extension of the hours of sidewalk cafés Citywide on New Year’s Eve and on the major events as authorized by the City Manager or City Commission; if the City Commission wants the Ordinance to apply only for Ocean Drive, the City Commission should specify accordingly. Raul J. Aguila, City Attorney, explained the reason for the amendment; this is being done for sidewalk cafés, previously they were allowed to serve until 5:00 a.m.; now since they close at 2:00 a.m., they are asking that for New Year’s Day and other special events, as designated by the City Commission, that if there is an establishment that they are adjacent to that is allowed to open until 5:00 a.m., which can now open until 7:00 a.m., then the cafés, which could previously benefit from that exemption continue to benefit from it. Commissioner Grieco agreed with Mr. Del Vecchio’s recommendation; Commissioner Grieco would clarify that the additional hours for sidewalk cafes would be designated specifically for businesses on Ocean Drive, from 5th to 15th Streets, for the dates specified. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 34 Discussion held. Commissioner Arriola suggested trying to see how it goes this year and then revisit the issue. Commissioner Steinberg suggested approving additional hours by Resolution. City Attorney Aguila stated that, about five years ago, the Planning Department recommended that this be codified and that the Commission not waive by Resolution what does not exist in the City Code. Discussion held. Motion made by Commissioner Grieco to amend the Ordinance as to apply strictly to Ocean Drive from 5th to 15th Streets on New Year’s Day only; seconded by Commissioner Malakoff; Ballot vote: 7- 0. Motion made by Commissioner Grieco to set the second reading and public hearing for this Ordinance on December 16, 2015; seconded by Commissioner Malakoff; Voice vote 7-0 Handouts and Reference Materials: 1. E-mail from Frank Del Vecchio, <fdelvecchio@atlanticbb.net> dated December 03, 2015 to Mayor and City Commission RE: R5M, “Extend liquor service hours for sidewalk cafes to 7AM New Year’s Day and certain Major Event periods and weekends.” 11:13:28 p.m. R5N An Ordinance Granting To Peoples Gas System, A Division Of Tampa Electric Company, Its Successors And Assigns, A Non-Exclusive Natural Gas Franchise Agreement To Use The Public Rights-Of-Way Of The City Of Miami Beach, Florida, And Prescribing The Provisions And Conditions Under Which Said Franchise Shall Be Exercised; Providing For Monthly Payments To The City; Providing An Effective Date; And Repealing Prior Ordinance. First Reading (Public Works) ACTION: Title of the Ordinance read into the record. Motion made by Commissioner Malakoff to approve the item; seconded by Commissioner Rosen Gonzalez. Ballot vote: 7-0. Second reading, public hearing scheduled for January 13, 2016. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Eric Carpenter to handle. Eric Carpenter, Public Works Director, introduced the item. The City has been without a franchise agreement since 2010 and is in the processes of finishing negotiations with Teco’s Gas. The reason they are pushing this forward is the substantial revenue that could be gained from the agreement. There are pending items that can be worked through between first and second reading, and they will bring the finalized agreement in January 13, 2016. David Custin, representing People’s Gas, stated that in the interest of the City, they will get everything worked out amicably and for mutual benefit. Clerk’s Note: Pursuant to Aleksandr Boksner, this is a Franchise Agreement, and is not a true “Ordinance” that falls within the sponsorship requirements set forth with Section 2-12 of the Miami beach City Code. In that regard, there is no legal requirement for a Commissioner to sponsor this matter. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 35 3:57:05 p.m. R5O An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled “Administration,” By Amending Article VI, Entitled “Procurement,” By Amending Division 3, Entitled “Contract Procedures,” By Amending Section 2-375, To Be Entitled “Non-Discrimination; Contract Requirements; Waiver,” To Provide That The City Shall Not Procure Goods Or Services From, Or Otherwise Contract With, A Business Which Engages In The Boycott Of A Nation Or Country, Or A Business Which Blacklists Or Otherwise Refuses To Deal With A Person Or Entity Based On Race, Color, National Origin, Religion, Sex, Intersexuality, Gender Identity, Sexual Orientation, Marital Or Familial Status, Age, Or Disability, And Providing Definitions, Requirements For City Contracts, And Waiver Provisions; Providing For Repealer, Codification, Severability, And An Effective Date. An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled “Administration,” By Amending Article VI, Entitled “Procurement,” By Amending Division 3, Entitled “Contract Procedures,” By Amending Section 2-375, To Be Entitled “Non-Discrimination; Contract Requirements; Waiver,” To Provide That The City Shall Not Procure Goods Or Services From, Or Otherwise Contract With, A Business Which Engages In The Boycott Of A Nation Or Country, Or A Business Which Blacklists Or Otherwise Refuses To Deal With A Person Or Entity Based On Race, Color, National Origin, Religion, Sex, Intersexuality, Gender Identity, Sexual Orientation, Marital Or Familial Status, Age, Or Disability, And Providing Definitions, Requirements For City Contracts, And Waiver Provisions; Providing For Repealer, Codification, Severability, And An Effective Date. First Reading (Sponsored by Mayor Philip Levine and Co-Sponsored by Commissioner Rosen Gonzalez) (Legislative Tracking: Office of the City Attorney) ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading as amended. Motion made by Commissioner Arriola to approve the item; seconded by Vice-Mayor Alemán. Ballot vote: 7-0. Second reading, public hearing scheduled for January 13, 2016. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Office of the City Attorney to handle. Amendment: Section 2-375. Non-discrimination; contract requirements; waiver. (a) Definitions As used in this section, the following terms shall have the following meaning: Boycott means to blacklist, divest from, or otherwise refuse to deal with a nation or country, or to blacklist or otherwise refuse to deal with a person or entity when the action is based on race, color, religion, gender, or national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age, or disability of the person or entity. The term boycott does not include a decision based upon business or economic reasons, or boycotts, embargoes, trade restrictions, or divestments that are specifically authorized or required by federal laws or state law. Debora Turner, First Assistant City Attorney, explained that this Ordinance amends the contract provisions in the procurement section of the City Code; and it requires that the City will not enter into a contract with a business, unless that contract includes an agreement that that business will not blacklist, boycott or otherwise refuse to deal with a country or nation, unless that country or nation is subject to trade restrictions. In addition, the City will not enter into contract with a business unless that business agrees that it does not and will not discriminate, refuse to deal with a person based on gender, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age, or disability. The proposed amendments contained in the handout track the After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 36 categories protected in the City’s Human Rights Ordinance. Commissioner Rosen Gonzalez stated the reason she wants to co-sponsor the item; several members of this community came to her and they felt very serious about the Israeli boycott. Other municipalities have adopted similar legislation. Handouts and Reference Materials: 1. Proposed amendment to the Ordinance 11:12:32 p.m. SUPPLEMENTAL MATERIAL 2: MEMORANDUM & ORDINANCE R5P An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 5 Entitled “Campaign Finance Reform,” By Adding Thereto Section 2-491 Entitled “Prohibited Lobbying By Campaign Consultants,” Prohibiting Campaign Consultants And Certain Affiliated Persons Or Entities From Lobbying City Commission For 12 Months Subsequent To Swearing In Of Subject Elected Official(s), Establishing Definitions, And Limit Exemption; Providing For Repealer, Severability, Codification, And An Effective Date. 10:31 a.m. Second Reading Public Hearing. (Sponsored By Commissioner Kristen Rosen Gonzalez) (Legislative Tracking: Office of the City Attorney) (First Reading on October 14, 2015 - R5P) ACTION: Title of the Ordinance read into the record. See comments with Item R5G. Opened and continued by acclamation. City Commission Workshop to be scheduled and held before the January 13, 2016 Commission Meeting. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda. Office of the City Attorney and Gloria Baez to handle. Handouts and Reference Materials: 1. Ad 1105 published in Neighbors Section of The Miami Herald. R7 - Resolutions 9:05:17 a.m. R7A A Resolution Setting The Dates For The Year 2016 City Commission Meetings. Joint City Commission & Redevelopment Agency (Office of the City Clerk) ACTION: Resolution 2015-29219 adopted as amended. Item heard in conjunction with RDA Item 1A. Motion by Commissioner Grieco deferring the July date to the afternoon, seconded by Commissioner Malakoff. Voice-vote: 7-0. Rafael Granado to handle. Amendment: Change the July 27, 2016 Presentations Meeting to July 20, 2015. Commissioner Malakoff announced that she has a conflict with the Presentation’s Meeting of July 27, 2016 date, and asked if the date could be changed to July 20, 2016. Mayor Levine asked for everyone to check their calendars to see their availability for July 20, 2016. Everyone has to check their schedule. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 37 City Clerk Rafael E. Granado stated that the companion RDA item would be heard at 2:00 p.m., so the item could be deferred until then. However, at a minimum City Clerk Granado asked for the Commission to set the January 2016 dates. MOTION 1: Commissioner Grieco moved the 2016 Commission meeting dates, but for the July 27, 2016 Presentations Meeting; seconded by Commissioner Malakoff. Voice vote: 7-0. Item to come back at approximately 2:00 p.m., with the RDA, to determine if July 20, 2016 is an acceptable date for the Presentations Meeting. 2:50:00 p.m. See RDA Item 1A regarding July 20, 2016 date. 11:15:46 a.m. SUPPLEMENTAL MATERIAL 3: MEMORANDUM R7B A Resolution Approving Upon Second And Final Reading Of This Resolution And Following A Duly Noticed Public Hearing, A Ground Lease Agreement In The Form Attached To This Resolution, Between The City (Owner Or Landlord) And Sabrina Cohen Wellness Center Project, Inc. (Tenant), In Connection With The Use Of 5,100 Square Feet Of City-Owned Land, Located At Allison Park, Having A Street Address Of 6475 Collins Avenue (Leased Premises), For A Term Of Ninety-Nine (99) Years, For The Purpose Of Constructing And Operating An ADA Accessible Wellness Center At The Tenant’s Sole Expense. 10:35 a.m. Second Reading Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Office of the City Attorney/Parks & Recreation/Public Works) (First Reading on October 21, 2015 - R7E) ACTION: Title of the Resolution read into the record. Public Hearing held. Motion by Commissioner Grieco to open and continue the item, and contemporaneously refer the item to the Neighborhood/Community Affairs Committee meeting of December 18, 2015 at 2:00 p.m.; and potentially have a second reading prior to December 22, 2015; Seconded by Commissioner Rosen Gonzalez. Voice vote: 7-0. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda if received. Office of the City Attorney, John Rebar and Eric Carpenter to handle. Daphne Saba to place on the committee agenda. REFERRAL: Neighborhood/Community Affairs Committee on December 18, 2015 at 2:00 p.m. City Clerk Rafael E. Granado announced that there has been a request to open and continue the item. Mayor Levine suggested having a few people that are in support and a few that are against the item speak. Commissioner Malakoff moved to open and continue the item. No second offered. Commissioner Grieco reminded everyone that this question is subject to a referendum, and in order to make the March 15, 2016 ballot, it must be approved by December 22, 2015. Commissioner Grieco stated that they would not be making any commitments for or against the issue today. Commissioner Grieco moved to open and continue the item, and contemporaneously refer the item to the Neighborhood/Community Affairs Committee meeting of December 18, 2015 at 2:00 p.m.; and After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 38 potentially have a second reading prior to December 22, 2015. The second reading would be held pursuant to a special meeting requested by the City Commission or at the pleasure of the Mayor, to determine if the item should be placed on the March 15, 2016 ballot, if the City is not going to place the question on the March 15, 2016 ballot, the meeting would be cancelled. Seconded by Commissioner Rosen Gonzalez. Sabrina Cohen explained the item. Her foundation is here to educate and explain the facts about this project as there has been much miscommunication and misconceptions circulating around the project in the community. She urged the City Commission to continue its support of this initiative Alan T. Brown, with the Christopher and Dana Reeve Foundation, spoke in favor of the project. Alex Heckler, representing the Sabrina Cohen Foundation, explained the item and stated this has been a transparent process. When they heard there was a petition against, Ms. Cohen asked to pause and refer this to a City committee to have it discussed further and fully vetted. Michael Solomon, Esq. spoke against the project. Mr. Solomon asked that the referral occur in January 2016, as many residents will be away for the holidays. Raul J. Aguila, City Attorney, stated that the item is opened and continued today, and has to come back to the Commission for final approval. If the City Commission decides to place this on the March 15, 2016 ballot, the deadline is December 22, 2015, to get the ballot question to the Department of Elections. So if the City Commission wanted to place this item on the March 15, 2016 ballot, they would have to meet prior to the January 13, 2016 Commission meeting. Michael Solomon, Esq., reiterated his request to have the second reading in January 2016. Tom Richardson stated that the people with the “green shirts” are for people with disabilities to having access, but not to have green space taken out. It is time to take back their land. There is not much green space in Miami Beach. He applauds the City Commission for discussing it further at NCAC. He encouraged keeping green space and access to the beach. They support accessible playground and picnic area in Allison Park, but not for a big building in the middle of Allison Park that would change the nature of the park. He suggested working together to find a compromise location. Collins and 53rd was suggested as an alternate location. Rick Kendle, North Beach Development Corporation, stated that the City should say no to removing green space at Allison Park. Mr. Kendle explained that the procedures for approval of this project that the City was following are contrary to the County Charter. Mr. Kendle recommended not taking their green space at Allison Park, and suggested Collins and 53rd where there is existing asphalt and a Fire Station as an alternate location. Mr. Kendle threatened legal action. City Attorney Aguila stated that he responded to Mr. Kendle in writing and notified him that the City Charter referendum applies to this matter not the County Charter; it requires a majority vote of a Citywide referendum. Delia McDonald stated that when informed of this issue, she thought it was about access to the beach for persons with disabilities, but it seems that it is bigger than that. She had no idea what is going on in the neighborhood. She spoke about Christopher and Dana Reeve, whom her family knew personally. Access is important to disabled children, adults and the elderly, but do not take a park gym and make it into a construction project. She does not want a school or wellness center at Allison Park, she wants green space. This is a quality of life issue for all. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 39 Mariano Ariel Corcilli, President of the Veterans Bar Association, and the attorney for the American Legion, stated that there are a large number of disabled veterans that would benefit from the wellness center if it were to pass. Mr. Corcilli explained that the green space that is accessible to everyone else is not accessible to disabled or veterans with disabilities; that “treasure” belongs to everyone, not just the residents that live nearby and those individuals fortuitous to have never been injured in their lives. Barbara Morris stated that this is a necessity for Miami Beach. Public meeting closed. Mayor Levine thanked both sides of this issue for coming to the City Commission meeting. Mayor Levine stated that it is the opinion on the dais that they are in support of this type of wellness center, its right for the City, the County and the Veterans. It is an economic driver for the City and a great niche opportunity. However, the Mayor thinks this should go to Neighborhood/Community Affairs Committee. Commissioner Grieco announced that the Neighborhood/Community Affairs Committee meeting is on December 18, 2015 at 2:00 p.m. At the Committee meeting there will be the opportunity to have a lengthier conversation, where more people will be given the opportunity to speak. Vote taken. Handouts and Reference Materials: 1. Ad 1105 published in Neighbors Section of The Miami Herald 2. E-mail from Frank Del Vecchio, fdelvecchio@atlanticbb.net dated December 05, 2015 to Mayor and City Commission RE: R7B & R7K, Dec. 9 Commission Agenda: Lease and Ballot Question to Approve Lease of Allison Park Land. Fatal Defect in Agenda Item. 3. E-mail from Michael Llorente dated December 8, 2015 to City Commission RE: Agenda Items R7B and R7K. 4. County Charter Section 7.01 Policy 11:45 a.m. Mayor Levine called for a brief recess. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 40 11:49:45 a.m. R7C A Resolution Adopting The First Amendment To The Capital Budget For Fiscal Year 2015/16. 10:40 a.m. Public Hearing (Budget & Performance Improvement) ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution 2015- 29220 adopted. Motion by Commissioner Arriola, seconded by Vice-Mayor Alemán. Voice-vote: 6-0; Absent: Commissioner Rosen Gonzalez. John Woodruff to handle. City Manager Morales stated that the overwhelming portion of this capital budget amendment is the GMP for Palm Hibiscus Stormwater and wastewater projects. Handouts and Reference Materials: 1. Ad 1105 published in Neighbors Section of The Miami Herald 11:51:13 a.m. R7D A Resolution Adopting The First Amendment To The General Fund, Enterprise Fund, Internal Service Fund, And Special Revenue Fund Budgets For Fiscal Year 2015/16. 10:45 a.m. Public Hearing (Budget & Performance Improvement) ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution 2015- 29221 adopted. Motion by Commissioner Malakoff, seconded by Commissioner Grieco. Voice- vote: 7-0. John Woodruff to handle. John Woodruff, Budget & Performance Improvement Director, introduced the item and explained that of the $11.5 million surplus, $680,000 is proposed to be reserved to be rolled-over into FY 2015/16 to cover purchase orders that were encumbered, but not spent during FY 2014/15 due to timing issues between fiscal years. Similarly, it is proposed to reserve $1,798,000 for projects that were budgeted, but not completed during FY 2014/15, to carry forward the appropriation for these projects into FY 2015/16. This budget amendment would reserve an additional $4.1 million in the reserve for future Building Department needs to cover the additional surplus attributable to Building Department net revenues over expenditures; transfer $2,000,000 to the Capital Reserve fund to be used to help fund the above-ground portion of various capital projects (landscaping, streetscape, lighting, etc.) in addition to water, sewer, and stormwater funds; and allocate $2,000,000 of the year-end surplus to keep the Emergency Reserve funded at 16.5 % to match the proportional growth in the General Fund budget during FY 2014/15. The remainder of the year-end funds, $993,000, is proposed to be added to the existing $1.1 million General Fund Contingency in the Citywide Account. This budget amendment also reflects the realignment of $533,000 of appropriation between the Building and Public Works related to the recent reorganization of the Urban Forestry and Elevator functions; a $526,000 allocation for the Traffic Management initiative, and an appropriation of $21,674 to the Tree Preservation fund and $30,000 to the Police Crash Sales fund for unanticipated costs in FY 2015/16. Commissioner Malakoff stated that she is glad that $2 million are put in the Contingency Funds. Handouts and Reference Materials: 1. Ad 1105 published in Neighbors Section of The Miami Herald After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 41 11:54:53 a.m. R7E A Resolution Adopting An Amendment To The Budget For Fiscal Year 2015/16; Which Amended Budget Is Attached Hereto As Exhibit A. 10:50 a.m. Public Hearing (Sponsored by Commissioner Michael Grieco) ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution 2015- 29222 adopted. Motion by Commissioner Grieco, seconded by Vice-Mayor Alemán and Commissioner Steinberg. Voice-vote: 7-0. John Woodruff and Dr. Leslie Rosenfeld to handle. Commissioner Grieco stated that this is an opportunity to be the first municipality to make up where the State fails education in the City, and this will ensure that facilities meet the existing demands. John Woodruff, Budget & Performance Improvement Director, introduced the item. As Miami- Dade Public Schools (MDPS) has made efforts to go well beyond the basic three-hour, uncertified VPK "funded" by the State of Florida, its program costs far exceed the $2,400 per-student State allocation. The several thousand dollar per-student shortfall is made up Countywide solely from available Title I funding, which is insufficient for the demand in Miami Beach. ln order to ensure MDPS VPK availability for the 55 families discussed/left out, a first year funding allocation of $253,000.00 is needed, with the following two years requiring $189,042.00 each. There would only be a 3-year commitment, as +/- changes to the State model could impact future allocations. Furthermore, three years is an adequate period for the City to reassess demand and determine political will. Commissioner Rosen Gonzalez reiterated the importance of International Baccalaureate (IB) program in Miami Beach schools, which requires teachers training, and she not in favor of taking funding from that. Mr. Woodruff stated this would not affect the IB program. Commissioner Malakoff voted against it during the initial proposal, as she feels the taxpayers pay an enormous amount to go towards education; she agrees with Commissioner Rosen Gonzalez that IB program is so important. She wants to make sure IB is number one priority and pre-K funding number two. Commissioner Grieco added that there is no intention to have the IB program affected. Fees from the waste hauler’s franchise agreement have been accruing over the years, and literally collecting dust. This vote is the first year financial budget commitment. The Interlocal amendment will reflect that. Vice-Mayor Alemán stated that many working parents in the community have costly pre-K options; she is in favor of piloting this. She suggested making it longer than a one year. Commissioner Steinberg is in support of the item. Discussion continued. Commissioner Rosen Gonzalez stated that there are other ways for cities to get some funding and is against touching these funds at this time. Commissioner Malakoff asked for commitment to fund the IB compact. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 42 Mr. Woodruff explained. Commissioner Malakoff is comfortable doing this for a one-year commitment. Discussion continued. Beth Edwards, Committee for Quality Education in Miami Beach Chair, spoke. Vice-Mayor Alemán stated that the more children that are served at Biscayne Elementary and Fienberg Fisher, the more funds that will be received by the schools, for instance for meals. Mayor Levine suggested approving the one-year experimental program. Handouts and Reference Materials: 1. Ad 1105 published in Neighbors Section of The Miami Herald 12:10:32 p.m. R7F Sunset Islands 3 & 4 Utility Improvement District: Final Assessment Roll And Agreements With Utilities For Undergrounding 1. A Resolution Approving, Following A Duly Noticed Public Hearing Pursuant To Sections 170.07 And 170.08, Florida Statutes, The Final Assessment Roll For The Special Assessment District Known As The Sunset Islands 3 & 4 Utility Improvement District, And Confirming Such Assessments As Legal, Valid, And Binding First Liens Upon The Property Against Which Such Assessments Are Made Until Paid. 11:00 a.m. Public Hearing (Capital Improvement Projects/Office of the City Attorney) (Public Hearing Set on October 21, 2015 - R7H) Commissioner Michael Grieco) ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution 2015-29223 adopted. Motion by Commissioner Grieco, seconded by Commissioner Malakoff. Voice-vote: 7-0. John Woodruff to handle. David Martinez, CIP Director, introduced the item. The first Resolution is requesting approval of the Final Assessment Roll for the Special Assessment District known as the Sunset Islands 3 & 4 Utility Improvement District. The second Resolution is requesting approval to execute an easement agreement with Florida Power & Light, as well as agreements with Florida Power & Light, an agreement with AT&T, and an agreement with Atlantic Broadband for the placement underground of overhead utilities on Sunset Islands 3 & 4. Peter Luria distributed e-mails to the City Commission. He stated that he is in favor of the proposal. Mr. Luria wants to make sure that only the actual costs, after the project is complete, will be charged to the property owners. The City should not charge internal management fees. The City will enforce the statute requiring mandatory hookup of property owners to the FPL underground so they receive a 25% rebate from FPL. This rebate is worth $250,000 to the residents or $2,100. Hookup is required within six months. Carolina Jones, HOA President Stillwater Drive, asked if there is a path to follow for creating Special Assessment Districts. Nick Kallergis, First Assistant City Attorney, stated that the residents are paying for the costs. Vice-Mayor Alemán hopes this sets the model for other neighborhoods to follow. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 43 Daniel Ciraldo spoke. Mayor Levine stated that Peter Luria and Terry Bienstock are no longer on the board of the Homeowners Association of Sunset Islands 3 & 4. Handouts and Reference Materials: 1. Ad 1103 published in Neighbors Section of The Miami Herald on November 19, 2015 2. Ad 1103 published in Neighbors Section of The Miami Herald on November 26, 2015 3. Ad 1105 published in Neighbors Section of The Miami Herald on November 26, 2015 4. E-mail from Peter Luria dated December 8, 2015 RE: Special Assessment District. 12:19:03 p.m. 2. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute, In A Form Acceptable To The City Attorney, An Easement Agreement With Florida Power & Light, As Well As Agreements With Florida Power & Light In The Amount Of $939,915, An Agreement With AT&T In The Amount Of $169,056, And An Agreement With Atlantic Broadband In The Amount Of $82,626, For The Placement Underground Of Overhead Utilities On Sunset Islands 3 & 4; Authorizing The City To Fund The Agreements With The Utilities, The Installation Of Conduits, And All Financing Costs, Which Shall Be Funded With Special Assessments. (Capital Improvement Projects/Office of the City Attorney) ACTION: Resolution 2015-29224 adopted. Motion by Commissioner Grieco, seconded by Commissioner Malakoff. Voice-vote: 7-0. David Martinez and Office of the City Attorney to handle. Handouts and Reference Materials: 1. Ad 1103 published in Neighbors Section of The Miami Herald on November 19, 2015 2. Ad 1103 published in Neighbors Section of The Miami Herald on November 26, 2015 1. Ad 1105 published in Neighbors Section of The Miami Herald on November 26, 2015 1:48:48 p.m. R7G A Resolution Amending The City's State Legislative Agenda To Include Support Of House Bill 45, “Florida Competitive Workforce Act,” Which Would Ban Discrimination In Employment, Housing And Public Accommodations For All Floridians When It Comes To Sexual Orientation And Gender Identify Or Expression. (Sponsored by Commissioner Michael Grieco) (Legislative Tracking: Office of the City Attorney) ACTION: Resolution 2015-29225 adopted. Motion by Commissioner Grieco, seconded by Vice- Mayor Alemán. Voice-vote: 7-0. Office of the City Attorney to handle. Tony Lima, Executive Director of SAVE, the longest running LGBT rights organization in Florida, urged the City Commission to support Florida House Bill 45, which protects the LGBT community when it comes to the workforce, public accommodations and services. It will send a strong message to the Miami-Dade delegation that Miami Beach supports this. Commissioner Grieco stated that a great deal of people do not know that in Florida people can be fired for being gay, and this Bill would help stop that. Mr. Lima thanked the City Commission for their support to the LGBT community. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 44 1:51:21 p.m. R7H A Resolution Approving The Substantive Terms, As Set Forth In The Draft Agreement Attached As Exhibit “A” To This Resolution, Between The City And A National Salute To America’s Heroes, LLC (Applicant), For The Production Of An Aircraft Flight Demonstration And Aquatic Show With Ancillary Activities Such As Entertainment, Exhibits, Concession Sales, Commencing On January 1, 2016, And Ending On December 31, 2021; Authorizing The City Manager To Negotiate And Finalize The Agreement Based On The Approved Terms Set Forth Herein, And, Further Authorizing The Mayor And City Clerk To Execute The Final Agreement Upon Conclusion Of Successful Negotiations, Provided That In The Event That The City And Applicant Deem It Necessary To Include Any New Substantive Terms (Which Are Not Contained In The Attached Draft Agreement) Then Such New Substantive Terms Shall Be Subject To Prior Approval By The Mayor And City Commission Before Final Execution Thereof. (Sponsored By Commissioner Michael Grieco) (Legislative Tracking: Tourism, Culture & Economic Development) ACTION: Resolution 2015-29226 adopted. Motion by Commissioner Grieco, seconded by Vice- Mayor Alemán. Ballot vote: 4-3; Opposed: Commissioners Rosen Gonzalez, Malakoff and Steinberg. Max Sklar to handle. AGREEMENT RECOMMENDATIONS: ✓ Room night requirements ✓ Progress Report within 90 days to the City Commission Commissioner Grieco introduced the item. The idea of bringing the Air Show to Miami Beach has been going around since 2004. He and City staffers have been meeting with the principal of the Fort Lauderdale Air Show, and have come to an agreement of providing alternative programming for Memorial Day Weekend. Memorial Day Weekend has been problematic in Miami Beach for several years due to the spike in crime. Last year there were 150 arrests during that weekend alone. He believes it is time the residents take back Memorial Day Weekend. Max Sklar, Tourism, Culture and Economic Development Director, stated that the item before the City Commission is a consideration of a five-year agreement for the production of a National Salute to America’s Heroes on South Beach during Memorial Day Weekend. The terms include an initial five-year term commencing January 2016, but with the first show being held in 2017, due to the extensive planning required for the event. He explained that the applicant will be responsible for the costs associated within the restrictive area for the Air Show, and the City would be responsible for costs outside of that. The City’s cost will be capped at the amount spent on Memorial Day Weekend in 2016; above that cost, Mr. Markoff would pay the next $200,000 and then the City and Mr. Markoff would share in anything above that. The City is already spending $1.8 million for all of these costs each Memorial Day Weekend, so there would not be a cost increase for the City. Commissioner Grieco asked for clarification on whether the five-year term is terminable after each year. Mr. Sklar replied that both parties have a time frame for them to cancel the contract in the event of an issue. In the City’s case, it would require a Commission action to terminate the contract. Mickey Markoff, Executive Producer of the Air Show, stated that this is a patriotic event to say thank you to the people in the Armed Services. Discussion held regarding the details of what the Air Show represents and what it can bring to the City. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 45 Mayor Levine asked what happened to the Air Show in Fort Lauderdale. Mr. Markoff stated that their main sponsor, the McDonald’s Corporation, changed leadership, and informed them that they would not be renewing their sponsorship. Mayor Levine stated that they are trying to bring more conventions into Miami Beach, and have visitors stay in Miami Beach hotels rather than commute. He asked how the Air Show can help. Mr. Markoff replied that in Fort Lauderdale, the Air Show brought people from around the world, and generated $18 million in income. The idea is to have major corporations stay for the entire week. They would have to lock in rooms for the week. Mayor Levine asked for an update on hotel room availability. Mr. Sklar stated that they currently have 3,600 hotel rooms, and they should total 13,000. The Ritz Hotel has advanced the City the entire hotel for the event. Discussion held regarding airplane take-offs and landings, airplane noise, flight trajectory, traffic, and commuters. Mayor Levine stated that they need a guarantee of hotel rooms to accommodate all those visiting the Air Show to prevent it from becoming a commuter event. Max Sklar to handle. Mr. Sklar agreed that they will. Commissioner Malakoff expressed her concern about the event interfering with the World OutGames, which will take place in 2017, and asked if the Air Show could possibly start in 2018. Mr. Sklar stated that anything is possible, but they do believe, based upon the schedule of the World OutGames, that the City will be able to accommodate both. Discussion held regarding the details of the agreement such as hotel room booking policy. Mayor Levine asked for a progress report on the Air Show to know in 90 days from today if they will have enough rooms to accommodate visitors. He wants to make sure this does not turn into a commuter show. Max Sklar to handle. Frank Del Vecchio stated that he read the contract with the Air Show organizers, and he believes the contract allows them full use of parks and other event associated facilities. He believes allowing the Air Show in Miami Beach would be a step back. Mr. Sklar clarified that all events are reviewed and approved by the City. If there is a specific element the City does not want, they have the ability to change it. Sophia Sikowski stated that she is a resident of Miami Beach and Chicago. When the Air Show comes to Chicago, she leaves for another location. If the Air Show comes to Miami Beach, she will not be in town during that time. She compared the noise of the Air Show to a war zone. Dorothea Curry, CEO Art Deco Images LLC., stated that she is speaking as a resident of Miami Beach in support of the Air Show. She comes from a military family, and believes the City would benefit from the event. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 46 Rick Kendall stated that this event would not replace the Fort Lauderdale Air Show, because that City will have one next year. He asked the City Commission to do a Traffic Study of the event. Morris Sunshine stated that he wants a clear distinction between the Air Show and entertainment privileges in the contract. Mr. Markoff stated that the Air Show is returning to Fort Lauderdale next year. He detailed the flight paths and flight hours. He insisted that there is noise, but the noise is during a reasonable hour, and many of the people who attend the Air Show actually look forward to the engine sounds. Commissioner Steinberg stated that she likes the idea, but does have concerns regarding the negative impact the Air Show may have. She added that she likes the idea of booking enough hotel rooms for visitors, but does not believe this will stop commuters from wanting to visit the event. Discussion continued regarding the Air Show contract, and opting out. City Attorney Aguila read Section 20 Subsection (a) of the contract regarding the mutual right to terminate: “the City shall notify the applicant (the Air Show) of its intent to cancel the Air and Sea Show prior to July 30 of the year preceding the next scheduled Air and Sea Show.” He stated that his interpretation of this section is that if the Air Show is scheduled for 2017, the City Commission has the right to terminate prior to July 30, 2016. Discussion continued. Mr. Markoff and Commissioner Grieco disagreed with the City Attorney’s reading of the termination clause. Handouts and Reference Materials: 1. E-mail from Frank Del Vecchio, fdelvecchio@atlanticbb.net dated December 04, 2015 to Mayor and City Commission RE: Miami Beach Memorial Day Weekend Air Show Contract, Agenda Item R7H, Splitting Expenses. 9:57:21 a.m. R7I A Resolution 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 Mayor And City Clerk To Execute An Agreement With ETC Institute Inc., In The Amount Of $85,572, To Conduct The City’s 2016 Community Satisfaction Surveys. (Budget & Performance Improvement) ACTION: Resolution 2015-29227 adopted. Motion by Commissioner Malakoff, seconded by Commissioner Grieco. Voice-vote: 7-0. John Woodruff to handle. City Manager Morales introduced the item regarding the City’s Customer and Business Survey, which is conducted every two years. He recommended using ETC Institute Inc., a Fort Lauderdale based company, to conduct the survey. Commissioner Steinberg asked if the Administration is confident that this is the best route. Discussion held regarding the City Manager’s recommendation. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 47 9:21:32 a.m. R7J A Resolution Calling For A March 15, 2016 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether City Should Lease 2.65- Acre Property At Northeast Corner Of 17th Street And Convention Center Drive To Portman Miami Beach LLC For 99 Years, Requiring, Per Resolution 2015-29115, Construction/ Operation Of Privately-Funded 800 Room Hotel With 288 Foot Height Limit, Connected To Convention Center Via Pedestrian Skybridge; No Gambling; And Rent To City After Hotel Opens, Including Greater Of: Minimum Rent ($12,373,785 Over First Ten Years, Adjusted Thereafter) Or Percentage Of Hotel's Revenues Annually. (Office of the City Attorney/Office of the City Manager) ACTION: Resolution 2015-29228 adopted. See also related discussion in item R9L. Motion by Commissioner Malakoff, seconded by Commissioner Grieco. Voice-vote: 7-0. Offices of the City Attorney and City Manager to handle. Rafael Paz, First Assistant City Attorney, introduced the item. The City Commission approved a 99- year lease with Portman Miami Beach LLC for the development, construction and operation of a Convention Center hotel. The City Charter requires that the voters, in a Citywide referendum, approve this lease, and so this item is the ballot question to accomplish that. Commissioner Grieco explained that just because there is no discussion, just so everybody knows, this has been “cooked and cooked and cooked,” and even the new Commissioners have been fully briefed on this. Commissioner Malakoff stated that they are spending more than $500 million on renovating the Convention Center, which will be beautiful when it is finished; and to build the Convention Center without a hotel would be foolish. She fully endorses this. Mayor Levine believes that they need a hotel and everyone he talks to in the entire industry asks if the City is renovating the Convention Center; where is the hotel? They need a hotel. Mayor Levine commented that if they do not have a Convention Center hotel, there is going to be one City that will be very excited, that is Miami; our chief competitors for convention business. The City Commission is not going to let that happen, because they are in competition with their brothers and sisters across the bay, and they need to make sure that Miami Beach obtains its fair share of convention business. Ambrish Baisiwala, President and Portman Holdings, LLC, thanked the City Commission; and they look forward to engaging with the City of Miami Beach to talk about the benefits of this project. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 48 11:49:51 a.m. SUPPLEMENTAL MATERIAL 1: MEMORANDUM & RESOLUTION R7K A Resolution Calling For A March 15, 2016 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether The City Should Lease 5,100 Square Feet Of Beachfront Property At Allison Park, 6475 Collins Avenue, To Sabrina Cohen Wellness Center Project, Inc., A Not-For-Profit Corporation, For 99 Years, With Rent Of $18.00 Annually, Requiring, Per Resolution 2015___________, Construction/Operation Of Privately Funded Accessible Wellness Center With 50 Foot Height Limit (Including Physical Therapy, Adaptive Gym, And Pool) To Serve Persons With Disabilities; And Discounts To Disabled Residents And Disabled Military Service Members? (Office of the City Attorney) ACTION: Item heard with R7B. Item opened and continued and referred to the Neighborhood/Community Affairs Committee meeting of December 18, 2015 at 2:00 p.m. Office of the City Attorney, John Rebar and Eric Carpenter to handle. Daphne Saba to place on the committee agenda. REFERRAL: Neighborhood/Community Affairs Committee on December 18, 2015 at 2:00 p.m. Handouts and Reference Materials: 1. E-mail from Frank Del Vecchio, <fdelvecchio@atlanticbb.net> dated December 05, 2015 to Mayor and City Commission RE: R7B & R7K, Dec. 9 Commission Agenda: Lease and Ballot Question to Approve Lease of Allison Park Land. Fatal Defect in Agenda Item. 2. E-mail dated December 5, 2015 from saveallisonpark@gmail.com RE: Save Our Beachfront Park from the MB Commissioners. 9:59:03 a.m. R7L A Resolution Authorizing The Miami-Dade County Canvassing Board For The March 15, 2016 Presidential Preference Primary Election To Serve As The Canvassing Board For The City Of Miami Beach’s Special Election To Be Held On March 15, 2016. (Office of the City Clerk) ACTION: Resolution 2015-29229 adopted. Motion by Commissioner Grieco, seconded by Commissioner Steinberg. Voice-vote: 7-0. Rafael E. Granado and Office of the City Attorney to handle. 9:59:24 a.m. R7M A Resolution Recognizing And Approving Early Voting For The March 15, 2016 City Of Miami Beach Special Election. (Office of the City Clerk) ACTION: Resolution 2015-29230 adopted. Motion by Commissioner Grieco, seconded by Commissioner Steinberg. Voice-vote: 7-0. Rafael E. Granado and Office of the City Attorney to handle. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 49 9:59:35 a.m. R7N A Resolution Approving Funding And An Expenditure In An Amount Not To Exceed $25,000 For The Public Purpose Of Informing And Educating The Voters Of The City Of Miami Beach Regarding The Ballot Questions In The City’s Special Election On March 15, 2016, Which Will Be Held In Conjunction With The Presidential Preference Primary Election, In Order To Achieve A More Informed Electorate Vote. (Office of the City Attorney/Office Of the City Clerk/Communications) ACTION: Resolution 2015-29231 adopted. Motion by Commissioner Malakoff seconded by Commissioner Grieco. Voice-vote: 7-0. Offices of the City Attorney, Office of the City Clerk and Communications to handle. 9:59:55 a.m. R7O A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Baywalk Easement Between Mount Sinai Medical Center Of Florida, A Florida Not-For-Profit Corporation (Mount Sinai), As Grantor, And The City, As Grantee, As Contemplated In Resolution No. 2014-28609 (Which Resolution Authorized A $15,000,000 Grant To Mount Sinai Medical) Granting The City The Right To Develop, Design, Construct, Operate, And Maintain A Public Baywalk Along The Northern And Western Boundaries Of The Mount Sinai Property For The Public’s Use. (Office of the City Attorney) ACTION: Resolution 2015-29232 adopted. Motion by Commissioner Arriola, seconded by Commissioner Rosen Gonzalez; Voice-vote: 7-0. Office of the City Attorney to handle. Raul J. Aguila, City Attorney, introduced the item. About two years ago, the City Commission approved a grant agreement for $15 million for Mount Sinai. There were three conditions that the City required prior to payment of the grant: 1) That Mount Sinai and the C ity reach a lease agreement for a City Emergency Operation Command Center in the new Mount Sinai Emergency Room. That has been done. 2) That Mount Sinai grant the City a Baywalk of approximately 15 feet wide around its property; and that is what is before the City Commission today. The reason this is back before the City Commission is that the Commission asked that it return prior to execution. 3) That Mount Sinai agree to certain public benefits, including 700 parking vouchers annually to be distributed by the City to seniors and also to providing educational and outreach programs on health to the City’s seniors and school children. City Attorney Aguila knows that the vouchers for the first year have already been delivered and the other public benefits, Mount Sinai is in the process of providing as well. City Attorney Aguila explained that the Baywalk is a perpetual non-exclusive easement. The City will construct the Baywalk, which will be open to the public from sunrise to sunset. The City will also have the obligation to maintain the Baywalk. Mount Sanai will retain the obligation to maintain the seawall adjacent to the Baywalk. Commissioner Malakoff stated that she knows the parking vouchers have been delivered. Her question is what is the status of the other public benefits? What has been accomplished with the public? Neisen Kasdin, Esq., representing Mount Sinai, stated that he did not know specifically with regard to the other benefits if they have already been implemented, but he thinks the item before the Commission was the last item to conclude the entire package and agreement with Mount Sinai Hospital. He is sure everything else will be implemented forthwith at this point. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 50 Commissioner Malakoff stated that Mr. Kasdin had not fully responded to her question, and requested that by next week the City Commission get more information. Eve Boutsis to handle. Commissioner Malakoff agrees that they need to move forward with this, but she would like to know what Mount Sinai is doing as far as outreach seminars to senior centers, programs related to healthcare and going into local schools to talk about careers in the healthcare industry, especially at Miami Beach High School. Mr. Kasdin assured Commissioner Malakoff that the hospital, once this item is agreed upon, Mount Sinai would do what it needs to do. 4:01:10 p.m. R7P A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Qualifications (RFQ) No. 2015-211-KB For Architectural And Engineering Design Services For The North Shore Open Space Park, Authorizing The Administration To Enter Into Negotiations With: Calvin Giordano And Associates, Inc. As The Top Ranked Proposer; And Should The Administration Not Be Successful In Negotiating An Agreement With Calvin Giordano And Associates, Inc., Authorizing The Administration To Enter Into Negotiations With EDSA, Inc., As The Second Highest Ranked Proposer; And, Should The Administration Not Be Successful In Negotiating An Agreement With EDSA, Inc., Authorizing The Administration To Enter Into Negotiations With Bermello Ajamil & Partners, Inc., As The Third Highest Ranked Proposer; And Further Authorizing The Mayor And City Clerk To Execute An Agreement, Upon Conclusion Of Successful Negotiations By The Administration. (Procurement/Capital Improvement Projects) ACTION: Resolution 2015-29233 adopted. Motion by Commissioner Malakoff, seconded by Commissioner Steinberg. Voice-vote: 6-0; Absent: Mayor Levine. Alex Denis and David Martinez to handle. Jimmy L. Morales, City Manager, explained that this is to award architectural and engineering design services for the North Shore Open Space Park. They are recommending negotiating with Calvin Giordano and Associates. 4:02:35 p.m. R7Q A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Qualifications (RFQ) No. 2015-240-KB For Architectural And Engineering Design Services For The Future Community Park (Former Par 3) Project, Authorizing The Administration To Enter Into Negotiations With Savino & Miller Design Studio As The Top Ranked Proposer; And Should The Administration Not Be Successful In Negotiating An Agreement With Savino & Miller Design Studio, Authorizing The Administration To Enter Into Negotiations With Bermello Ajamil And Partners, Inc., As The Second Highest Ranked Proposer; And Should The Administration Not Be Successful In Negotiating An Agreement With Bermello Ajamil And Partners, Inc., Authorizing The Administration To Enter Into Negotiations With TBG Partners, As The Third Highest Ranked Proposer; And, Further Authorizing The Mayor And City Clerk To Execute An Agreement, Upon Conclusion Of Successful Negotiations By The Administration. (Procurement/Capital Improvement Projects) ACTION: Resolution 2015-29234 adopted. Motion by Commissioner Malakoff, seconded by Vice- Mayor Alemán to accept the City Manager’s recommendation. Voice-vote: 7-0. Alex Denis and David Martinez to handle. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 51 Jimmy L. Morales, City Manager, introduced the item. Commissioner Malakoff stated that the recommended firm has been involved with other projects in the City, and they attended the neighborhood meetings regarding this particular park. She made a motion to approve the item; seconded by Vice-Mayor Alemán. Handouts or Reference Materials: 1. E-mail from Kristy Bada dated December 8, 2015 to Adriana Savino, RE: RFQ 2015-240-KB. 4:03:32 p.m. SUPPLEMENTAL MATERIAL 2: AGREEMENT R7R A Resolution Authorizing The Mayor And City Clerk To Execute An Agreement Between The City Of Miami Beach And Kimley-Horn And Associates, Inc., For The Preparation Of Environmental Analysis For Miami Beach Transit Projects Including The Beach Corridor Transit Connection Project And Related Services, Pursuant To Request For Qualifications (RFQ) No. 2015-213-KB. (Procurement/Transportation) ACTION: Resolution 2015-29235 adopted. Motion by Commissioner Malakoff, seconded by Commissioner Grieco. Voice-vote: 7-0. Alex Denis and Jose Gonzalez to handle. Jimmy Morales, City Manager, introduced the item. This is the environmental analysis and consultant for the streetcar program. At the last Commission meeting, the Commission directed the Administration to negotiate with the two firms, Kimley-Horn & Associates, lnc., and Parsons Brinckerhoff, lnc. After that direction, Parsons Brinckerhoff, lnc. decided that they were not going to move forward with the process. It is the City’s understanding that the two firms are working together, with Parsons being a subcontractor on the project. Thus, the City is recommending that the award be issued to Kimley-Horn. Commissioner Grieco asked how the two firms are splitting the tasks. Jose Gonzalez, Transportation Director, explained that the contract is service related based. Each project will have its scope of services and price proposal. That work is issued via a consultant service order that is negotiated before the work is issued. Therefore, the City does not have a scope yet. The consultant team led by Kimley-Horn will provide scopes for the tasks, and the parties will be negotiating at that time. Commissioner Grieco asked if there were two main tasks. Jose Gonzalez, Transportation Director, responded that yes, the RFQ has two components to it. The first component entails the environmental studies for transit in the City, and the second component deals more with review of a proposal related to those transit projects. Russell Barnes, from Kimley-Horn & Associates, lnc., was asked by Commissioner Grieco which tasks they were going to be playing lead on, and which task the team of Parson would perform. Russel Barnes responded that that they have been working with the City as well as with our sub- consultant throughout this process, and they have come up with the team that is going to be working with the City, taking into consideration the strengths of each of the sub-consultants. In general terms, one of the items that had been noted when the City went through the selection process was the strength that Parsons brought to the City on the P3 components. Therefore, as they get into working with the City putting together the RFP and putting together their task orders, they would be using After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 52 them on that component. They are going to be integrating the sub-consultants into a cohesive team that will produce this project as expeditiously as possible, because they know the sense of urgency the City has. Commissioner Grieco is ready to go forward on this as long as he has a commitment from Kimley- Horn, because he is familiar with both companies, and wants to make sure Parson is playing the lead role on P3 unsolicited proposals, because he knows of their experiences with that in other municipalities. Mr. Barnes commented that Parsons is going to have a key role in not just that, but other parts of the project as well. Kimley-Horn is putting together the scope and working through the overall process. He was on the telephone as early as this morning with George Walton of Parsons. He and Mr. Barnes have a very good understanding in working with staff as well, of what is going to be the strongest team for the City to move this project forward. Commissioner Grieco stated that with that commitment, he is comfortable because he knows that the City’s Transportation Director scored PB higher. Mayor Levine stated that it was a good compromise. 4:08:05 p.m. R7S A Resolution Approving And Authorizing The City To Accept A Donation Of In-Kind Services From Terra Group, LLC 8701 Collins LLC With An Estimated Value Of $20,000.00, For Interim Improvements To North Shore Open Space Park. (Parks & Recreation) ACTION: Resolution 2015-29236 adopted as amended. Motion by Commissioner Malakoff, seconded by Commissioner Arriola. Voice-vote: 7-0. John Rebar to handle. Jimmy Morales, City Manager, introduced the item. The developer of the parcel north of the park, David Martin and his company, knowing that the City is starting the process to do the architecture and design work in North Shore Open Space Park, have offered to make a $25,000 contribution so that in the interim the City can do some work fixing up the fence, cleaning up the bathroom, and doing some landscaping work on the north end. City Attorney Raul J. Aguila announced that there was one correction to this Resolution. The donation is given by 8701 Collins LLC, not Terra Group LLC. Commissioner Malakoff asked if the black vinyl chain link fence would be permanent, as the City does not allow chain link fences. John Rebar, Parks Director, responded that it is temporary, because the northern fence is in disrepair. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 53 R7T A Resolution Authorizing The City Manager To Decline, In Writing, The Owner’s Reciprocal Right Of First Refusal, As Required Pursuant To The Terms Of Section 36.2 Of The Agreement Of Lease (“Ground Lease”) Between The City (“Owner”) And 1691 Michigan Ave Investments LP (“Tenant”), Dated As Of September 1, 1999, Involving The Improvements To The Property (“Project”) Located At 1691 Michigan Avenue, Miami Beach, Florida; And Further Approving Tenant’s Sale Of The Project To CLPF - Lincoln, LLC GP, A Subsidiary Of Clarion Lion Properties Fund Holdings, LP (“Proposed Purchaser”), Subject To The Administration’s Successful Completion Of Its Evaluation Of The Proposed Purchaser In Accordance With Article 10 Of The Lease (“City ’s Due Diligence”), And Payment To The City Of Its Reasonable Costs Incurred In Connection With The Proposed Sale Including, Without Limitation, Reimbursement Of The City ’s Due Diligence Costs; And Further Authorizing The City Manager And City Clerk To Execute Any And All Closing Documents On Behalf Of The City . (Tourism, Culture & Economic Development) ACTION: Item deferred to December 16, 2015. 4:09:46 p.m. R7U A Resolution Approving And Authorizing The Administration To Negotiate A Lease Agreement Consistent With The Essential Terms Set Forth In This Resolution Between The City Of Miami Beach, As Tenant, And 1680 Costa, LLC, As Landlord, For Use Of Approximately 3,792 Rentable Square Feet Of Property, Located At 1680 Meridian Avenue, Suites 401 & 402, Miami Beach, Florida, To Be Used As Administrative Offices For The City ’s Transportation Department; Said Lease Agreement Having An Initial Term Of Three (3) Years, Commencing On January 1, 2016, And Ending On December 31, 2018, With One (1) Renewal Option For Three (3) Years, At The City ’s Option; And Upon Successful Negotiations, Authorizing The Mayor And City Clerk To Execute Said Lease Agreement. (Tourism, Culture & Economic Development) ACTION: Resolution 2015-29237 adopted. Motion by Commissioner Grieco, seconded by Commissioner Rosen Gonzalez. Voice-vote: 7-0. Max Sklar to handle. Max Sklar, Tourism, Culture & Economic Development Department Director, introduced the item. This is to authorize the City to enter into a lease agreement with 1680 Costa LLC; they are the owners of 1680 Meridian Avenue, for office space of about 3,800 square feet of office space for the Transportation Department. It has an initial term of three years, with one three-year renewal at the City/Tenant’s option. The Initial base rent would be $42 per square foot on a gross basis with annual increases. The City has negotiated a tenant improvement allowance of $12 per square foot and the City does not anticipate using all of that. The City has negotiated that that balance is applied as a credit to be applied to rent, which is between three and four months of free rent. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 54 9:38:22 a.m. R7V A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Amendment No. 1 To Lease Agreement Between The City And Alpha 22 LLC (Tenant), Dated October 16, 2013 (Lease), Involving The Use Of Approximately 2,216 Square Feet Of City Owned Unimproved Land, Located At 22 Washington Avenue, Miami Beach, Florida (Property), Adjacent To An Existing Restaurant Space Located At 816 Commerce Street, Miami Beach, Florida (Restaurant), Currently Used As An Outdoor Seating Area, Concurrent With The Lease/Use Of The Restaurant; Said Amendment Approving The Sale Of The Restaurant, Consenting To The Assignment Of The Lease By Alpha 22 LLC (As Tenant And Assignor) To Florida Food District Inc. (As New Tenant And Assignee). (Tourism, Culture & Economic Development) ACTION: Resolution 2015-29238 adopted. Motion by Commissioner Grieco, seconded by Vice- Mayor Alemán. Voice-vote: 7-0. Max Sklar to handle. Max Sklar, Tourism, Culture & Economic Development Director, introduced the item. The City owns an unimproved piece of land at 22 Washington Avenue, adjacent to an existing restaurant space located at 816 Commerce Street. The space is approximately 2,200 square feet. They currently have a lease with Alpha 22, who operates a restaurant both at 816 Commerce Street as well as on City property. Alpha 22, the current tenant, is looking to sell the restaurant to Florida Food District, Inc. Pursuant to the lease, the City has to approve the transfer of the lease. They have negotiated that all terms and conditions will remain the same except that they have negotiated a six-month personal guarantee as a condition to the City’s consenting to the assignment. The Administration recommends the approval of the assignment. Mayor Levine inquired if there is any possibility of having to place a pump station in the location. Max Sklar responded that he is not aware of such need. 4:11:04 p.m. R7W A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change Order No. 4 To The Construction Contract Dated April 9, 2014, With Southern Underground Industries, Inc., For The Implementation Of The City’s “Tidal Flooding Mitigation Project” (The Agreement); Said Change Order No. 4, In The Amount Of $855,080 For Construction Services, Plus A Project Contingency, In The Amount Of $85,508, For A Total Cost Of $940,588, To Allow The Installation Of Additional Check Valves On Outfalls In Various Locations Requiring Protection From Tidal Flooding Issues On Sunset Islands 1 And 2, Palm And Hibiscus Islands, And North Bay Road; And To Repair Broken Stormwater Pipes At North Bay Road, Between 52nd And 59th Streets. (Public Works) ACTION: Resolution 2015-29239 adopted. Motion by Commissioner Malakoff, seconded by Vice- Mayor Alemán to approve the change order. Voice-vote: 7-0. Eric Carpenter to handle. Eric Carpenter, Assistant City Manager/Public Work s Director, introduced the item. This is a change order for Southern Underground Industries, Inc. They have placed 120 one-way valves in the 360 Citywide outfall pipelines. They are requesting an additional 60 high priority locations as a result of the high tides during September and October of this year. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 55 4:12:02 p.m. R7X A Resolution Authorizing The Continuation Of The Current Standard Software Maintenance Contract With New World Systems Corporation, On A Month-By-Month Basis, Commencing January 1, 2016, On The Same Terms And Conditions, Subject To Termination For Convenience Without Cause By The City Manager, Until Completion Of Current Negotiations For A Subsequent Agreement Or The Identification Of An Alternative Service Provider. (Police) ACTION: Resolution 2015-29240 adopted. Motion by Commissioner Arriola, seconded by Vice- Mayor Alemán. Voice-vote: 7-0. Police Chief Daniel Oates to handle. Jimmy L. Morales, City Manager, introduced the item in regards to the dispatch system that supports Police, Fire, and Emergency Management. The City is working with a contractor, and he recommends working with them only on a month-by-month basis. Discussion held regarding the RFP. 4:13:16 p.m. R7Y A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Termination And Release Agreement (“Termination Agreement”) By And Between The City Of Miami Beach (“City”) And Brian Tolle (“Artist”). (Tourism, Culture & Economic Development) ACTION: Resolution 2015-29241 adopted. Motion by Commissioner Grieco, seconded by Commissioner Malakoff. Voice-vote: 7-0. Max Sklar to handle. Max Sklar, Tourism, Culture & Economic Development Department Director, introduced the item. There have been disputes with artist Brian Tolle over the manufacture of the piece he created for Collins Park. The sculpture has additional issues of the homeless gathering in it, and Segway users using its mazelike structure for their enjoyment. If the City Commission ap proves this item, the artist would be responsible for taking the piece back at his expense. On a positive note, the Bass Museum has identified a piece that would replace it, that is more appropriate at no cost to the City. Commissioner Malakoff regrets that $359,920.00 has been spent on Mr. Tolle’s art piece. In the future, the City needs to make sure that art pieces do not welcome the homeless or are major targets for graffiti. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 56 SUPPLEMENTAL MATERIAL 1: REVISED MEMORANDUM R7Z A Resolution Approving And Authorizing The City Manager To Execute Change Order No. 3 To The Construction Contract Between The City Of Miami Beach, Florida, And Lanzo Construction Co., Florida, For The Construction Of The City Of Miami Beach Right-Of-Way Infrastructure Improvement Program, Venetian Islands Bid Package 13C (Project), Dated March 13, 2013 (The Contract); The Change Order Includes: 1) Construction Work Associated With Six (6) New Stormwater Pump Stations That Meet The Enhanced Stormwater Criteria In The Not-To- Exceed Amount Of $12,257,864 Plus Time Extension Of 365 Calendar Days Required To Complete This Work Within San Marino, Dilido And Rivo Alto Islands; And 2) Increasing The Owner’s Contingency In The Amount Of $1,225,787; The Resulting Amount Of $13,483,651 Will Be Added To The Construction Contract. (Capital Improvement Projects Office) ACTION: Item deferred to January 13, 2016. 4:15:38 p.m. SUPPLEMENTAL MATERIAL 1: MEMORANDUM R7AA A Resolution Accepting The Written Recommendation Of The City Manager Regarding The Existence Of A Public Emergency And, Accordingly, Waiving, By 5/7th Vote, The Competitive Bidding Requirement, Finding Further That The Best Interest Of The City Would Be Served By Such Waiver; Authorizing The City Manager Or His Designee To Negotiate Amendment No. 4, To The Design-Build Agreement Between The City And Lanzo Construction Co., Approved Pursuant To Resolution No. 2014-28765, For The Sunset Harbour Pump Station Retrofit And Drainage Improvements Project; Said Amendment, In The Not To Exceed Amount Of $2,721,607, To Bring Sunset Drive To A 3.7 Feet NAVD Elevation, Including Associated Water, Sewer, Stormwater Improvements, Landscaping, Lighting And Irrigation; Further Authorizing The Mayor And City Clerk To Execute The Amendment, Upon Completion Of Successful Negotiations. (Public Works) ACTION: Resolution 2015-29242 adopted. Motion by Commissioner Malakoff, seconded by Commissioner Arriola. Voice-vote: 6-0; Absent: Commissioner Steinberg. Eric Carpenter to handle. Eric Carpenter, Assistant City Manager/Public Works Director, introduced the item regarding the pump station that would cover Sunset Harbour, Sunset Drive, and 20th Street. There was no resolution as to the price last month, and they decided to come back at the direction of the City Commission with a new better price, which is now $2,000,000 with an additional $470,000 in enhanced landscaping. Discussion held regarding the original price. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 57 4:17:00 p.m. SUPPLEMENTAL MATERIAL 1: MEMORANDUM R7BB A Resolution Accepting The Recommendation Of The City Manager To Enter Into Further Negotiations With Lanzo Construction Co., Florida, For Phase 2 Construction Services And Further Authorizing The Mayor And City Clerk To Execute A GMP Amendment No. 3, In The Not-To-Exceed Amount Of $35 Million, To The Design-Build Agreement Between The City Of Miami Beach And Lanzo Construction Co., Florida, For Design-Build Services For Neighborhood No. 13: Palm And Hibiscus Islands Right-Of-Way Infrastructure Improvements (The Project), Dated September 18, 2014 (The Contract), Upon Conclusion Of Successful Negotiations, Plus A Ten Percent Owner's Project Contingency For A Grand Total Of $38,500,000, With Previously Appropriated Funding And Additional Funding Request Subject To The 1st Amendment To The FY 15/16 Capital Budget. (Capital Improvement Projects Office) ACTION: Resolution 2015-29243 adopted. Item heard in conjunction with R9M. Motion by Vice- Mayor Alemán, seconded by Commissioner Arriola. Voice-vote: 7-0. David Martinez and Alex Denis to handle. See also discussion with item R9M. RECOMMENDATIONS: ✓ Hold a Procurement Workshop ✓ Draft a Plan of Action (Management Construction Plan) to aggressively, effectively, efficiently and intensely manage existing construction projects at a hyper level ✓ Send letters to Palm and Hibiscus Islands Homeowners notifying them of the project and the costs involved David Martinez, CIP Department Director, stated that they have been negotiating over several months on the design-build project for Palm and Hibiscus Islands and the GMP to get the construction going. They are asking that the City Commission allow them to go back and negotiate with the contractor to get to a $35 million range and allow them to be able to execute the agreement if they agree on a number. Discussion held regarding the high price of the project. Mr. Martinez stated that the initial price of the project, which goes back with past Administrations, was $47 million. The project includes all the drains and systems, pump stations, raising all the roads, significant harmonization in private property and driveways, retaining walls, lighting improvement system and undergrounding, which is subsidized by the County and residents for Hibiscus Islands. This is an 18-month construction project and should begin by the beginning of the year. Discussion held regarding the historical details of the project. Commissioner Steinberg asked Mr. Martinez to determine the full scope of the project, to avoid change orders asking for more money. Mr. Martinez stated that any change order would have to be initiated or approved by the City Commission. Commissioner Malakoff stated that the City should send notifications to the homeowners. This project is not being done to inconvenience anyone, but it needs to be done to make their homes safe to protect their investment. The notification needs to include what the costs related are. David Martinez to handle. Discussion continued. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 58 Mayor Levine stated that the City needs more companies to bid on projects and quality is the factor. He considers the Lower North Bay Road contract and project a disaster, and part of the problem he believes is that the City is not managing its projects properly and wants to know how this project is going to be managed going forward. The City has often times goes with the lowest bidder, but they keep providing sub-par work, with terrible service to the residents. Mayor Levine mentioned that certain projects have been done well, but there are others that have not. He asked how the City could have failed so badly having roads in such poor condition during one of its most important events such as Art Basel. Mr. Martinez apologized and stated that the Lower North Bay Road project got out of hand, and they need to look at it from a different perspective. Discussion continued. Commissioner Rosen Gonzalez suggested, in light of the current problems CIP is facing regarding project mismanagement, that the City consider privatizing CIP. Mayor Levine believes the issue is more about having intensive management taking charge of the projects and constantly checking the state of the projects. There needs to be a plan and a project timeline. Commissioner Arriola agreed with Mayor Levine and stated that this issue needs to be fixed. He wants every department in the City to be world-class, and if he does not see progress, he will go after the departments that do not meet this goal aggressively. Mayor Levine requested to come back with a plan for January 2016, for CIP to have a construction management plan, so that they can first manage existing projects in a more intense and hands on fashion, and secondly, give suggestions to Procurement. Discussion continued. Vice-Mayor Alemán suggested having a Procurement Workshop to invite bidders, discussing these high prices and the different challenges faced. Mayor Levine agreed to have a Procurement Workshop. Jimmy L. Morales, City Manager, suggested inviting contractors to the Workshop. Discussion held. Eric Carpenter, Assistant City Manager/Public Works Director, stated that he takes responsibility for a lot of this; he still thinks there is a possibility to salvage the contract, but the biggest challenge they have is bringing contractors to Miami Beach, because it is a completely different paradigm than what they are used to. One of the provisions they may want to incorporate into the contract, is that every time they dictated to them that they needed to have more crews or work longer hours, it was the City’s decision, not the contract’s decision. Discussion continued regarding the timeline for this contract. City Attorney Aguila stated that it would be great to have a crew working 24 hours, but the City has a very vocal resident population, and there are streetscape plans that are changed and changed again, which amount to change orders; there are contractors that the first thing when executing After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 59 contracts, they add claims for potential claims for delay damages. Discussion continued. Mayor Levine proposed holding a Procurement Workshop, drafting a Plan of Action to aggressively, effectively, efficiently and intensely manage existing construction projects at a hyper level that no City has ever done before. City Manager Morales stated that he will invite the industry to the Workshop, and come back in January with a construction management plan in general. David Martinez and Alex Denis to handle. Eric Carpenter, Assistant City Clerk/Public Works Director, stated that they will come back with serious changes for the City Commission’s consideration; he added that from his experience in the private and public sector; they will never find a private consultant that will take ownership of the project the way a City employee will, and they will move forward. R9 - New Business and Commission Requests R9A Board And Committee Appointments. (Office of the City Clerk) ACTION: The following appointments, reappointments and changes were made: AFFORDABLE HOUSING COMMITTEE Alexander Orlofsky Term End 12.31.17 Term Limit 12.31.21 Reappointed by Commissioner Steinberg AUDIT COMMITTEE Michael Weil Term End 12.31.17 Term Limit FS 218.39 Reappointed by Mayor Philip Levine Bryan Rosenfeld Term End 12.31.17 Term Limit FS 218.39 Appointed by Commissioner Vice-Mayor Alemán BOARD OF ADJUSTMENT Larry Colin resigned 10.27.15 BUDGET ADVISORY COMMITTEE Jonathan Beloff Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Malakoff Jonathan Fryd Term End 12.31.17 Term Limit 12.31.21 Reappointed by Mayor Philip Levine Carl Linder Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Grieco Susan Rosenthal Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Vice-Mayor Alemán John Gardiner resigned 10.31.15 David Lancz Term End 12.31.15 COMMITTEE ON THE HOMELESS Daniel Nagler Term End 12.31.17 Term Limit 12.31.21 Reappointed by Mayor Philip Levine Valerie Navarrette (as of 1.1.16) Term End 12.31.17 Term Limit 12.31.22 Reappointed by Vice-Mayor Alemán Debra Schwartz Term End 12.31.17 Term Limit 12.31.21 Reappointed by Mayor Philip Levine Gail Harris Term End 12.31.16 Term Limit 12.31.16 Reappointed by Mayor Levine After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 60 COMMITTEE FOR QUALITY EDUCATION IN MIAMI BEACH Karen Edelstein Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Vice-Mayor Alemán Tiva Leser (as of 1.1.16) Term End 12.31.17 Term Limit 12.31.23 Appointed by Vice-Mayor Alemán Tiffany Zientz Heckler (as of 1.1.16) Term End 12.31.17 Term Limit 12.31.18 Reappointed by Vice-Mayor Alemán Vice-Mayor John Elizabeth Alemán – City Commission member who serves as liaison Appointed by City Commission CONVENTION CENTER ADVISORY BOARD Andres Asion Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Steinberg Larry Herrup Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Malakoff Lior Leser Term End 12.31.17 Term Limit 12.31.23 Appointed by Vice-Mayor Alemán Roger Abramson Removed due to absences 11.25.2015 Jared Galbut Removed due to absences 11.25.2015 Jacqueline Hertz Deceased DESIGN REVIEW BOARD: Deena R. Bell Term End 12.31.17 Term Limit 12.31.20 Reappointed by City Commission Elizabeth Camargo Term End 12.31.17 Term Limit 12.31.19 Reappointed by City Commission Annabel Delgado-Harrington Term End 12.31.17 Term Limit 12.31.19 Reappointed by City Commission John Turchin Term End 12.31.2017 Term Limit 12.31.19 Reappointed by City Commission DISABILITY ACCESS COMMITTEE Lawrence Fuller Term End 12.31.17 Term Limit 12.31.21 Reappointed by Commissioner Steinberg Russell Hartstein Term End 12.31.17 Term Limit 12.31.19 Reappointed by Mayor Philip Levine Eddie I. Sierra Term End 12.31.2017 Term Limit 12:31.23 Appointed by Vice-Mayor Alemán HISPANIC AFFAIRS COMMITTEE Miguel Brizuela Term End 12.31.17 Term Limit 12.31.21 Reappointed by Commissioner Steinberg HISTORIC PRESERVATION BOARD John A. Stuart Term End 12.31.17 Term Limit 12.31.19 Reappointed by City Commission Wyn G. Bradley Term End 12.31.17 Term Limit 12.31.19 Reappointed by City Commission HOUSING AUTHORITY David C. Greeff Term End 10.11.16 Term Limit 10.11.18 Appointed by City Commission Peter Chevalier Concluded 12.31.15 LGBT ADVISORY BOARD Thomas Barker Resigned 10.5.2015 Edison Farrow (TERM LIMIT) Term End 12.31.16 Term Limit 12.31.16 Reappointed by Commissioner Steinberg Jorge Richa (TERM LIMIT) Term End 12.31.17 Term Limit 12.31.17 Reappointed by Mayor Philip Levine Mark Wylie Term End 12.31.17 Term Limit 12.31.21 Reappointed by Mayor Philip Levine Robin Schwartz Term End 12.31.17 Term Limit 12.31.22 Reappointed by Vice-Mayor Alemán Concluded members as of 12.31.15: Robin Schwartz MARINE AND WATERFRONT PROTECTION AUTHORITY Barbara Herskowitz Term End 12.31.17 Term Limit 12.31.21 Reappointed by Commissioner Steinberg John Lee (as of 1.1.16) Term End 12.31.17 Term Limit 12.31.23 Appointed by Vice-Mayor Alemán Albert Parron Term End 12.31.17 Term Limit 12.31.21 Reappointed by Mayor Philip Levine Concluded members: William Cahill Manon “Marie” Hernandez Addison Sammet MAYOR’S OCEAN DRIVE TASK FORCE Disbanded 11.13.2015 MAYOR’S BLUE RIBBON PANEL ON FLOODING AND SEA RISE Disbanded 12.07.2015 After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 61 MAYOR’S BLUE RIBBON PANEL ON NORTH BEACH REVITALIZATION Disbanded 12.07.2015 Conclude members: Jack Benveniste Daniel Veita Margueritte Ramos MIAMI BEACH EMPLOYEES’ RETIREMENT PLAN PENSION BOARD Hernan Cardeno Appointed as of 12.01.2015 MAYOR’S BLUE RIBBON PANEL ON FLOODING AND SEA RISE Disbanded 11.17.2015 MIAMI BEACH COMMISSION FOR WOMEN Kathy Andersen (01.01.16) Term End 12.31.17 Term Limit 12.31.23 Appointed by Vice-Mayor Alemán Veronica Camacho (01.01.16) Term End 12.31.17 Term Limit 12.31.23 Appointed by Vice-Mayor Alemán Dr. Corey Narson Term End 12.31.17 Term Limit 12.31.21 Reappointed by Commissioner Steinberg Tiva Leser (01.01.16) Term End 12.31.17 Term Limit 12.31.23 Appointed by Vice-Mayor Alemán Debra “Debie” Quade Term End 12.31.17 Term Limit 12.31.19 Reappointed by Commissioner Steinberg Laurie Kaye Davis Term End 12.31.17 Term Limit 12.31.22 Reappointed by Mayor Levine Melissa Shepperd-Broad Term End 12.31.17 Term Limit 12.31.21 Reappointed by Mayor Levine MIAMI BEACH SISTER CITIES Carolyn Baumel (Brampton) Term End 12.31.17 Term Limit 12.31.21 Reappointed by Mayor Philip Levine Magui Benitez (Other) Term End 12.31.17 Term Limit 12.31.21 Reappointed by Mayor Philip Levine Harvey Burstein (Fujisawa) Term End 12.31.17 Term Limit 12.31.21 Reappointed by Mayor Philip Levine Laura Colin (Other) Term End 12.31.17 Term Limit 12.31.21 Reappointed by Mayor Philip Levine Lisa Desmond (Other) Term End 12.31.17 Term Limit 12.31.21 Reappointed by Mayor Philip Levine Janet Horwitz (Pescara, Italy) Term End 12.31.17 Term Limit 12.31.23 Appointed by Mayor Levine Jessica Londono (Other) Term End 12.31.17 Term Limit 12.31.21 Reappointed by Mayor Philip Levine Nuccio Nobel (Cozumel)(TERM LIMIT)Term End 12.31.16 Term Limit 12.31.16 Reappointed by Mayor Philip Levine Kathryn Orosz (Basel) Term End 12.31.17 Term Limit 12.31.23 Appointed by Mayor Philip Levine Betsy Perez (Rio, Brazil) Term End 12.31.17 Term Limit 12.31.23 Appointed by Mayor Philip Levine Deborah Robins (Almonte) Term End 12.31.17 Term Limit 12.31.21 Reappointed by Mayor Philip Levine PARKS AND RECREATION FACILITIES COMMITTEE: David J. Berger Term End 12.31.17 Term Limit 12.31.19 Reappointed by City Commission Jonathan Groff Term End 12.31.17 Term Limit 12.31.17 Reappointed by Vice-Mayor Alemán Carolina Jones Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Grieco Lori Nieder Term End 12.31.17 Term Limit 12.31.21 Reappointed by Commissioner Steinberg PLANNING BOARD Brian Elias Term End 12.31.17 Term Limit 12.31.19 Reappointed by City Commission Randolph S. Gumenick Term End 12.31.17 Term Limit 12.31.19 Reappointed by City Commission Jeffrey M. Feldman Term End 12.31.17 Term Limit 12.31.19 Reappointed by City Commission POLICE. CITIZENS RELATIONS COMMITTEE: Monika Fluke Term End 12.31.15 Term Limit12.31.22 Appointed by Mayor Levine John Kanter Term End 12.31.17 Term Limit12.31.22 Reappointed by Mayor Levine Bruce Reich Term End 12.31.17 Term Limit12.31.21 Reappointed by Commissioner Steinberg PRODUCTION INDUSTRY COMMITTEE: Joanna Rose Kravitz Term End 12.31.17 Term Limit12.31.21 Reappointed by Commissioner Steinberg Ellen Marchman, News Media Term End: 12.31.16 Term Limit12.31.22 Appointed by Commissioner Malakoff Belkys Nerey Term End 12.31.17 Term Limit 12.31.18 Reappointed by Vice-Mayor Alemán Joanna Popper resigned 10.20.15 SUSTAINABILITY COMMITTEE Scott Diffenderfer Term End 12.31.17 Term Limit 12.31.23 Appointed by Vice-Mayor Alemán David Doebler Term End 12.31.17 Term Limit 12.31.21 Reappointed by Commissioner Steinberg Debra Leibowitz Concluded 12.31.15 After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 62 TRANSPORTATION, PARKING, BICYCLE-PEDESTRIAN FACILITIES COMMITTEE: Mark Edelstein Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Vice-Mayor Alemán Eric Montes de Oca Removed due to absences 11.10.15 Frederick Sake Charles Term End 12.31.15 Mark Weithorn Resigned as of 11.05.15 VISITORS & CONVENTION AUTHORITY Adrian Gonzalez Term End 12.31.17 Term Limit 12.31.19 Reappointed by City Commission Daniel N. Hertzberg Term End 12.31.17 Term Limit 12.31.19 Reappointed by City Commission Stephen G. Hertz Term End 12.31.17 Term Limit 12.31.19 Reappointed by City Commission Tim Nardy Term End 12.31.17 Term Limit 12.31.19 Reappointed by City Commission Mark Tanis Concluded Handouts and Reference Materials: 1. E-mail from Gloria Baez, Chief of Staff, dated December 07, 2015, RE: Mayor Blue Ribbon Panels Committees to be dissolved. 2. List of Board and Committee Members for Appointment or Reappointment by Mayor Levine dated December 1, 2015, signed by Gloria Baez, Chief of Staff. 3:26:10 p.m. R9A1 Board And Committee Appointments - City Commission Appointments. (Office of the City Clerk) ACTION: The following At-Large reappointments were made: Design Review Board: Motion made by Commissioner Malakoff; seconded by Commissioner Grieco to reappoint Deena R. Bell in the Landscape Architect position. Voice vote: 7-0. Motion made by Commissioner Malakoff; seconded by Commissioner Grieco to reappoint Elizabeth Camargo in the Registered Architect position. Voice vote: 7-0. Motion made by Commissioner Malakoff; seconded by Commissioner Grieco to reappoint Annabel Delgado-Harington in the Registered Architect position. Voice vote: 7-0. Motion made by Commissioner Grieco; seconded by Commissioner Arriola to reappoint John Turchin. Bell in the At-Large Category. Voice vote: 7-0. Historic Preservation Board: The following reappointments were made: Motion made by Commissioner Malakoff; seconded by Commissioner Arriola to reappoint John A. Stuart in the Registered Architect position; Voice vote: 7-0. Motion made by Commissioner Malakoff; seconded by Commissioner Arriola to reappoint Wyn G. Bradley in the Faculty of School of Architecture position; Voice vote: 7-0. Parks and Recreational Facilities Board: The following reappointments were made: Motion made by Commissioner Malakoff; seconded by Commissioner Arriola to reappoint David J. Berger in the Tennis position. Voice vote: 7-0. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 63 Planning Board: Motion made by Commissioner Grieco; seconded by Vice-Mayor Alemán to reappoint Brian D. Elias in the At Large position. Voice vote: 7-0. Motion made by Commissioner Grieco; seconded by Vice-Mayor Alemán to reappoint Randolph S. Gumerick in the At Large position. Voice vote: 7-0. Motion made by Commissioner Grieco; seconded by Commissioner Steinberg to reappoint Jeffrey Feldman in the Real Estate Developer position. Voice vote: 7-0. Visitor and Convention Authority: The following reappointments were made: Motion made by Commissioner Grieco; seconded by Commissioner Steinberg to reappoint Adrian Gonzalez, Daniel N. Hertzberg, and Stephen G. Hertz, all in the At Large positions and Tim Nardi in the Hotel Industry Position. Voice vote: 7-0. 3:35:38 p.m. Committee for Quality Education in Miami Beach City Clerk Rafael E. Granado stated that the City Commission should designate two of its mem bers to serve as City Commission liaisons to the Committee for Quality of Education. Commissioner Steinberg stated that she serves as one of the liaisons. In the past there has been none, one or two liaisons. Vice-Mayor Alemán stated that there is supposed to be two. Mayor Levine nominated Vice-Mayor Alemán to serve as the second Commission liaison to the Committee for Quality of Education; seconded by Commissioner Malakoff. Voice vote: 7-0. 3:33:49 p.m. R9A2 Appointment Of David C. Greeff To The Housing Authority. (Sponsored by Mayor Philip Levine) ACTION: Motion made by Commissioner Malakoff; seconded by Commissioner Grieco to ratify the appointment of David C. Greeff to The Housing Authority. Voice vote: 7-0. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 64 8:30 a.m. R9B1 Dr. Stanley Sutnick Citizen’s Forum. ACTION: The following individuals spoke: 1. Daniel Ciraldo congratulated the new members of the City Commission, and stated that he looks forward to working together with everyone. 2. Harold Rosen thanked the City Commission and wished everyone well. 3. Seth Heller thanked the previous and the current City Commission for the hours of dedication and service. He explained that he currently owns a 5,791 sq. ft. lot, in an area North Bay Road, between Mount Sinai and Arthur Godfrey Road. He had met with Planning and Zoning over a year ago and asked them to give him staff recommendation to build a home for his family. He designed a home that is essentially four bedrooms with an office, and when he presented it to report the process, there was already zoning in progress, which stopped him from submitting his plans and move forward. He feels he is stuck in the middle after spending money and time. He has listened to both sides and he understands the proposed setbacks and proposed FAR requirements, but he is asking for a house that is 50% smaller than others on the street, which looks like a historic home and be able to continue to live in Miami Beach. He requested a lift of this zoning in progress. 4. Marie Grande stated that the Flamingo Park restoration and renovation includes the demolition of the Haas Memorial Building, which is a racquetball/handball two/four wall court. The building is used by many people several times per week. They filed a petition with the City Clerk with over 70 signatures to stop the demolition. They are asking the City Commission to reverse the decision and make an amendment to stop demolition of the building. The proposed padel court would eliminate three large trees located next to the building. Keeping the building would be a cost effective solution. She added that this building was a memorial to a fallen Police Officer who was a four-wall paddle player. 5. Linda Van Leer, resident of the Bayshore Neighborhood, spoke in favor of reduction of a 5% unit size, which was not approved by the Planning Board. She added that the value of the neighborhood would be decreased, but there is a value in the total neighborhood in the context of the building within the neighborhood. She asked to replace the 5% reduction in unit size because she does not want to see out of scale neighborhood. See item R5K. 6. Daniel Ciraldo reached out to Seth Heller and they met individually and with some of the Commissioners. A compromise is to be able to go 2,080 sq. ft. house and they hope that this can go to first reading and have a referral to Land Use and Development Committee between first and second reading, so as not to delay it any further. 7. Former Commissioner Nancy Liebman wished the new City Commission good luck. She explained that Item R7H is to be heard in the afternoon, and she will not be able to wait. She stated that this is to bring a proposed Air Show to Miami Beach for the Memorial Day Weekend of 2017. She explained that the World OutGames are proposed for the same time, and she opposes this Air Show, as she has relatives in Fort Lauderdale that had to endure the noise from the Show for many years. She questions the reason why is not at Fort Lauderdale any longer; secondly this is an Arts and Culture City, and not for this type of shows. She asked what airports are the planes flying from, and lastly, she is concerned that the show will create congestion. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 65 8. Jo Manning congratulated Daniel Ciraldo and Gary Hunt who received awards last night from the Urban Environmental League for their community activism. 9. Lily Bach stated that Kent Security, the company ranked first by the evaluation committee, has a shameful record of labor abuse, health and safety violations and discrimination claims. Security Alliance offers the lowest cost to the City and was ranked last by the evaluation committee. They urged not to recommend choosing Kent Security for the City and entrust the contract to a responsible contractor. City Manager Morales stated that this item is not going to be placed on the agenda until January 2016, and he has not reviewed the recommendation. 10. Mitch Novak stated that he hopes this City Commission moves the City forward and finally address the zoning that created the mess that has become Ocean Drive and the Entertainment District. He looks forward to a City Commission that does not waste millions of dollars of the public taxpayer’s money to clean up the annexing district and other sidewalk widening projects on Ocean Drive, and/or to hire more Police or Code Officers. He suggested changing the closing time from 5:00 a.m. to 2:00 a.m. and asked that they regulate the noise issues. 11. Justin Kletcher, Director of Campaign for SAVE, explained that HB401 is a Bill against the LGBT community. Commissioner Steinberg, on this agenda, has a resolution urging that HB401 not adopted by the State Legislature. On behalf of SAVE and their 50,000 constituents, they appreciate that the Miami Beach City Commission is championing the LGBT issues. Commissioner Steinberg thanked Rob Rosenwald from the Office of the City Attorney for working on this item. 12. Jeff Angelum, representing Gallagher Benefit Services, Inc., introduced himself and will be speaking on the item later and asked that they be allowed to speak if the item is separated from Consent. 13. Harold Thompson, Miami Beach Community Church Pastor, has been vocal condemning House Bill 401 because he is a person of faith. They need to be careful in the rhetoric and language; he thanked the City Commission for their support and fight discrimination whenever possible. The City is sending a strong message to Tallahassee and all of South Florida needs to speak up for ethical care for all, without discrimination. See item C7O. 14. Yenny Kayash bought a home in June 2013. In 2015, he worked with the architect to build a house. They met with Planning Department in November and stopped spending money on engineering to get everything done; now they are told that everything is changed. He asked that the Commission vote on the effective date of the change. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 66 1:04:34 p.m. R9B2 Dr. Stanley Sutnick Citizen’s Forum. ACTION: The following individuals spoke: 1. Dr. Richard Freeman spoke on item R7Z. He is here to talk about what the appropriate place for the pumps might be. The property owners in the Venetian Islands need to be accommodated. In the case of Di Lido, instead of placing the pump stations between houses, they can be place the pumps on the strip of land at the end of the street; landscape it and everyone wins, and it is a better utilization so as not to delay things. 2. Tanya Bach is opposed to destroying historic architectural significant buildings and urged for support of Commissioner Malakoff’s Ordinance as is. They need to keep homes in scale with the neighborhoods. See item R5K. 3. Robert Gonzalez, Sunset Island IV resident and Board Director, lives in a 1939 home. He would love to preserve his home, but explained that many homes cannot be saved due to sea level rise, but they can still preserve the scale of the neighborhood. He supports Commissioner Malakoff’s Single Family Home Ordinance as is, which would include the reduction of unit size by 25% and lot coverage by 25%. The rate of construction of new homes is soaring; this is a critical moment in the history of the City and he hopes the City Commission makes the right decision. See item R5K. 4. Daniel Ciraldo suggested considering changing the applicability to the second reading of Commissioner Malakoff’s Ordinance, and thanked Commissioner Malakoff. See item R5K. 5. Craig Armendia stated that houses have increased in size more and more and he does not want homes being dwarfed over. See item R5K. Commissioner Grieco announced a recess until 1:30 p.m. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 67 2:39:55 p.m. R9C Update On The Miami Beach Convention Center Project. (Office of the City Manager) ACTION: Update given. Maria Hernandez, Capital Projects Director, MBCC, informed that at the last Commission Meeting the City Commission approved a GMP amendment for $515 million to Clark Construction for the project. On November 3, 2015, the City issued a first notice to proceed to Clark for $25 million, which authorized early procurement of work required to maintain the critical path of project. In November, $615 million of bonds for the project were marketed and sold, and these will close on Tuesday of next week. On that week, the City will issue a second notice to proceed to Clark in the amount of $480 million, which will cover the remaining contract, not including the P-Lot, which has a subsequent notice to proceed, once that design is 100% complete. On the evening of the day the bonds close at 6:00 p.m., the City is hosting a construction kick off meeting for the residents and neighborhood stakeholders. She has provided some flyers and urged everyone in the room that would like to attend to do so. They have done a great deal of outreach; on November 30, they sent over 2,000 postcards mailed to owners and stakeholders within a 300-foot radius. On December 1 and 8 they electronically invited approximately 1,100 people, they are going door to door today and tomorrow around neighborhoods handing out notices. On Sunday, there will be an ad in the newspaper in The Miami Herald. A Facebook page was also created and the City’s Twitter account posted a flyer that reaches about 15,000 people. The presentation is from the East side of the MBCC, Room B-112 from Washington Avenue. The presentation will include an introduction of the team, a short explanation of the design and how it actually changes the neighborhood in a positive way, especially with green and public spaces. They will also present the public art initiative, which four out of six will be in the exterior public space. The purpose of the meeting is to give residents the ability to reach out if there are any issues. PowerPoint presentation shown. Click here to access presentation. Discussion held regarding the taking over of the P-Lot, half of which will be used for construction offices, trailers, parking as well as staging. Maria Hernandez, Capital Projects Director, MBCC, in answering Commissioner Malakoff’s questions, stated that there will be shows on the East side, but not on the West, from December 2015 through July 2018. Discussion continued regarding construction in the West concourse. Mayor Levine stated that they are giving this organization an incredible amount of construction space in the P-Lot, and the City needs space and parking; this is not reasonable to him. The space for the construction project needs to be discussed further. It is unbelievable and does not make a great deal of sense. It is not normal. Strategic Advisory Group Consultant, added that they will have detailed conversations about it. Handouts or Reference Materials: 1. Invitation Flyer for the Construction Kickoff Meeting for the MBCC December 15, 2015 from 6 to 8 PM. 2. 2016 MBCC Construction Zone Power Point After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 68 3:13:26 p.m. SUPPLEMENTAL MATERIAL 3: MEMORANDUM R9D Discussion And Approval Of The 2016 State Legislative Priorities. (Sponsored by Mayor Philip Levine) ACTION: Discussion held. Motion made by Vice-Mayor Alemán; seconded by Commissioner Malakoff as amended. Voice vote: 7-0. Gloria Baez to handle. Amendment: ✓ Add increasing the per pupil education funding ✓ Support the competitive Workforce Act ✓ Pilot program to allow local, coastal municipalities to ban disposable plastic bag use at supermarkets Michael Cantens introduced the item. He stated that for the January 12, 2016 Legislative Session some of the items included are: sea level rise and coastal flooding; short term rentals; anchoring and mooring as well as derelict vessels; review procurement issues and making sure that local governments are mandated to give certain wages or to have vendors or contractors hamstring by local Ordinances; they will be working on SHIP funding for the City this year; they want to bring back the enterprise zones; they also have a general statement of unfunded mandates for anything that may come up over the course of Session. Other issues that are being monitored are beach re-nourishment, medical marijuana, gaming, LGBT issues; three funding priorities, first is water line replacement along Alton Road from 43 to 46 Street; the second is a cast iron water main replacement on Alton Road from Michigan Avenue to North Bay Road and the last one is an intelligent transportation system. Commissioner Grieco announced two added items, one regarding increasing the per pupil education funding and also supporting the competitive Workforce Act. In addition, there is a pending piece of legislation in the Senate and the House regarding a pilot program that would allow local, coastal municipalities to ban disposable plastic bag use at supermarkets, and he asked that this also be included in the agenda. R9E Discussion Regarding Potential Acquisition Of The Property Located At 6961 Indian Creek Drive In North Beach For A Building Department Satellite Office. (Tourism, Culture & Economic Development) ACTION: Item withdrawn. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 69 5:06:57 p.m. R9F Discussion Regarding Expediting A Playground Area Adjacent To The Scott Rakow Youth Center (Where Previously Approved) That Would Help Service The Younger Children In The Aftercare Program. (Sponsored by Commissioner Micky Steinberg) ACTION: Discussion held. By acclamation move forward with the recommendations. John Rebar to handle. RECOMMENDATIONS: ✓ Construction to start by September 2016 ✓ Include budget amendment from Scott Rakow for additional $108,000 Commissioner Steinberg introduced the item. In light of the fact that there do not have a Teen Center and are trying to regroup, she thought it would be important for the City Commission to expedite putting the playground adjacent to the Scott Rakow Youth Center, and have an area where they could separate the younger kids and do something recreational. John Rebar, Parks and Recreation Department Director, explained that they are looking at building a typical playground with all necessary equipment, including four slides, a small rock wall, a bridge and swings; they will add a rubber surface and shade for use especially in the summer. Fencing will be added and walkway to lead to it, it will be ADA accessible and include a drinking fountain. The budget is approximately $175,000 to $178,000. From a budget standpoint, they worked with CIP and there is leftover money from a former Scott Rakow project of $108,000 that can be appropriated to this project. There is still a short fall of about $70,000, and if approved, the Parks and Recreation Department can manage it, and they anticipate it could be in before the first day of Summer Camp. Discussion continued regarding ages for the program and supervision for children. Vice-Mayor Alemán’s concern was around Muss Park and she wanted to make sure that they had not relocated the kids from Muss to Scott Rakow. John reassured her that there is usefulness about having a playground at Scott Rakow even if Muss is reactivated. Commissioner Steinberg explained that this is an immediate need and it is a feature that could be there for other uses as well. Discussion held regarding Skate Park in North Beach; this item will also be discussed at the NCAC meeting being held on December 18, 2015. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 70 5:15:15 p.m. R9G Discussion Regarding City Policies For The Approval Of Temporary Parklets Along Washington Avenue, Between 5th Street And Lincoln Road, As Part Of A Pilot Project. (Transportation) ACTION: Resolution No. 2015-29244 adopted. Discussion held. Jose Gonzalez to handle. ✓ Exempt parklet sidewalk cafés from sidewalk café fees and concurrency fees by amending legislation. ✓ Limit duration of Pilot Parklet Program to one year. ✓ Start with Option four (4) based on monthly parking permit fees of $1,200 per year Commissioner Malakoff explained the item. She stated that they must build a garage on Washington Avenue to house the cars that will be displaced from the parking spaces where parklets will be. City Manager Morales stated that the Administration needs direction regarding fees, usage and the length of the program. They talked about a pilot program for a year; however, the Washington Avenue Association wants it to be for a longer program; in some cities, parklets are used for green space, but Washington Avenue folks want it to be for sidewalk cafés. Sidewalk cafés have to pay application and concurrency fees, and there has been a recommendation that they waived that as an incentive and that will require Commission action. The hardest issue is under bond covenant for parking, the City is not allowed to give away parking spaces for free, so the question is what they will charge for parklet spaces. Jose Gonzalez, Transportation Director, explained that they have included, as part of the item a draft pilot program and application package. In working through policy considerations, they are seeking guidance from the City Commission. There are four different options as to what the charge can be for the use of these on street parking spaces, 1) Option one ranging from $26,280 annually, based on the current hourly parking rate for the Washington Avenue Corridor to be implemented between 5th Street and Lincoln Road. 2) Option two will be based on average revenue per space for the Washington Avenue corridor, calculation of which yields $10,744 per year; 3) Option 3 is based on currently daily rental base fee approach and that would be $9,125 annually. 4) Option 4, the least expensive of the options is based on the monthly parking permit fees of $1,200 per year. City Manager Morales stated that as a pilot program he recommended doing it the less costly method and see how successful it is. Discussion held regarding options available. Commissioner Grieco stated that this should be truly incentivized so that people mak e the investment where needed, and the City can set the standards and guidelines. It needs to be as incentivized and subsidized as possible to have daytime outdoor café as it is rather than just nightclubs and shops. Discussion was held regarding aesthetic and safety requirements. Jose Gonzalez, Transportation Director, explained the minimum standards and responsibilities as delineated in the program. Commissioner Grieco suggested starting off with a more incentive based, subsidized package and have that sunset; they should reward the people that comply in early, and then come up with a different pricing program the second time around. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 71 Discussion continued. Mr. Gonzalez stated that the Washington Avenue Master Plan recommended that parklets be used as sidewalk cafés and extension of sidewalks. Commissioner Rosen Gonzalez stated that parklets are better served as green spaces, but suggested considering the least expensive option. City Manager Morales explained that the one challenge is with respect to t he sidewalk café fees and concurrency, is mandated by Ordinance. Administration would need to bring back legislation to provide a waiver for Washington Avenue. Jose Gonzalez to handle. Jose Gonzalez, Transportation Director, stated that the last consideration is the length of the permit. There may be businesses that may require it for less than one year, and they are asking direction from the City Commission. There was consensus that the length of the permit be for one year. 5:28:12 p.m. R9H Discussion And Update Regarding Efforts Thus Far And The Proposal To Conduct A Traffic Calming Study In The Nautilus Area. (Sponsored by Commissioner Micky Steinberg) (Legislative Tracking: Transportation) ACTION: Discussion held. Item referred to NCAC by acclamation. Jose Gonzalez to handle. REFERRAL: Neighborhood/Community Affairs Committee Commissioner Steinberg stated that this item is from a request made from the Nautilus Homeowners’ Association, and their main concern is regarding stop signs in their neighborhood. Jose Gonzalez, Transportation Director, stated that he has been working with the Nautilus Neighborhood Association for months on their traffic issue. A study was done by the Police Department in early November, and they determined that speeding was not a significant problem, but traffic cut-through was. They would like to issue a traffic study, and determine if traffic calming is necessary. Commissioner Steinberg suggested referring the item to NCAC and bringing back recommendations. Vice-Mayor Alemán stated that implementing traffic calming at Nautilus does not address the root cause, which is Alton Road’s heavy traffic. Mr. Gonzalez stated that traffic calming would address the issue of Alton Road through better signal timing, but they need to do a traffic study first to determine if traffic calming is warranted. Discussion continued. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 72 5:31:01 p.m. R9I Discussion Regarding The Miami Beach Committee For Quality Education Request For Our Lobbyists In Tallahassee To Request Of The Governor And Florida Legislature To Increase Per Pupil Education Funding To Minimally Equal The National Average Of Approximately $10,700. (Sponsored by Commissioner Joy Malakoff) ACTION: Discussion held in conjunction with C7P. Gloria Baez to handle. 12:19:03 p.m. R9J Report Pursuant To Article V, Budget, Finance And Pre-Collective Bargaining Analysis; Section 5.04. 11:05 a.m. Public Hearing (Human Resources) ACTION: Report accepted. Public Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Rosen Gonzalez; Voice vote: 7-0. Sylvia Crespo-Tabak to handle. Handouts and Reference Materials: 1. Ad No. 1109 published in Neighbors Section of The Miami Herald. 2:51:03 p.m. R9K Referral To The Planning Board - Discussion Regarding Proposed Ordinance Amendment Pertaining To Alcoholic Beverage Establishments In The Alton Road Corridor, Adjacent To West Avenue And Along 17th Street Facing The Palm View Neighborhood. (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Planning) ACTION: Item referred. Motion made by Commissioner Malakoff; seconded by Commissioner Steinberg to refer the item to the Planning Board. Voice vote: 7-0. Thomas Mooney to place on the board agenda and to handle. Thomas Mooney, Planning Department Director, stated that the LUDC created an overlay within the area of Alton Road and 17th Street adjacent to Palm View. The matter before the City Commission is a proposed referral to the Planning Board. Currently, there are no limitations on alcoholic beverage uses other than established neighborhood threshold in the areas between 6th and 17th Streets between Meridian Avenue and the Alton Road corridor. This item would create a lower threshold similar to the one that exists in the Sunset Harbour area. Mayor Levine asked if there are residential areas across the area Mr. Mooney was referring to. Mr. Mooney replied that there a several apartments to the immediate West of the Alton Road corridor, and in Palm View are a number of single-family homes. Commissioner Malakoff stated that one of the major complaints she receives regarding this issue is the noise. Many times cafes, open bars, and rooftop establishments will host parties that carry on late into the night, and the noise travels to the residential areas. Mayor Levine stated that they are not only trying to limit standalone bars, but also restaurants opened after 2:00 a.m. Patrons congregate on the sidewalks, and this creates issues. Discussion continued regarding noise created by these establishments. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 73 Commissioner Rosen Gonzalez suggested encouraging bars to go back to Washington Avenue, and make that area trendy again. Sheryl Gold, advocate for Palm View Historic District, spoke on the reason for urgency is that there is not proactive Code Compliance for uncivil behavior. She is in favor of business, but there needs to be protection for residents and restrictive operating hours, the same way that South of Fifth and Sunset Harbour have. Gail Durham. Miami Beach resident, asked if the referral to the Planning Board will include the staff recommendation, and whether it will start zoning in progress. Discussion continued regarding zoning in progress. Paul Freeman, Miami Beach resident, stated that he wants the item referred to the Planning Board with the City Commission’s recommendation on alcohol hours. Mayor Levine encouraged the speakers to attend the Planning Board meeting. ADDENDUM MATERIAL 1 9:25:06 p.m. R9L Discussion Regarding Ballot Question Pertaining To Use Of Rent Payments Received By City From Convention Center Hotel Lease. (Sponsored by Commissioner John Elizabeth Alemán) ACTION: Discussion held. Motion made by Commissioner Grieco to amend revision time from ten years to five years for financial allocation; seconded by Vice-Mayor Alemán. Voice-vote: 7-0. Rafael Paz and Maria Hernandez to handle. Vice-Mayor Alemán introduced the item. The revenue generated by the proposed Convention Center Hotel, which will be leased for 99 years will fund in equal proportions: transit, education, storm water, and underground utilities. 99 years is a very long time, and perhaps they should revisit this item, and make revisions. Commissioner Grieco stated that this item was heavily discussed by the previous City Commission. He is glad that it is being discussed, but believes the language that was used is appropriate. Commissioner Steinberg stated that she also has concerns about the 99-year length. The City’s priorities may be different in 5, 10 or 50 years. She asked if there was an amendment that allowed the City Commission to make changes. Rafael Paz, First Assistant City Attorney, explained that every ten years, the enabling legislation would specify the City Commission to reevaluate and change priorities if necessary. Commissioner Arriola agreed that 99 years is a long time, and hopefully issues such as storm drains will be fixed within the next few years, and will no longer be a concern to the City. It is important to allow the City Commission to make changes in reallocating funds without going to referendum. Commissioner Malakoff proposed removing the words “in equal proportions” in regards to the issues the Convention Center Hotel will fund. Commissioner Rosen Gonzalez stated that it may be better to review every 5 years, instead of every 10 years. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 74 Commissioner Grieco stated that he does not want the language “in equal proportions” to be removed, because it was inserted with the purpose to lock the City into responsibility in funding these important issues adequately. He did agree to shorten the revision time to every five years. Commissioner Grieco moved the item with an amendment to shorten the revision time to five years; Commissioner Malakoff seconded. Raul J. Aguila, City Attorney, clarified that this is an amendment to the enabling Ordinance; the ballot question will be left as written. ADDENDUM MATERIAL 2 4:49:19 p.m. R9M Discussion Regarding Lower North Bay Road Construction. (Sponsored by Mayor Philip Levine) ACTION: Discussion held. David Martinez to handle. See also discussion with item R7BB. RECOMMENDATIONS: ✓ Move forward and report progress via LTC ✓ Move forward and do projects in an aggressive fashion to complete ✓ Discuss bringing in private sector construction managers ✓ Incentive plan for Central Florida Equipment to finish the job by the end of May. ✓ Add lighting project David Martinez, CIP Director, recapitulated the construction project on Lower North Bay Road, which still requires five and a half months for substantial completion. They are curr ently trying to resolve how to bring additional support to accelerate this project, which involves tearing up most of the streets, and paving them by the end of May, 2016. He believes the contractors underestimated this particular road, which turned out to be very challenging. Discussion held regarding the project’s bidding. Bob Baer, Representative of Central Florida Equipment, stated that we all need to work together on this project. We need to get back on track, and make this successful for all parties involved. They need more resources, and they have solicited other companies to take part in the project. Vice-Mayor Alemán stated that she met with the neighborhood association, and they are willing to extend work hours to help get the job done as quickly as possible. Mr. Martinez stated that they are looking to work Saturdays to conclude the project. Commissioner Arriola stated that they need to work together, and would like to include that as part of the Procurement Workshop. Creative and innovate ideas are needed to finish this project. Commissioner Steinberg asked if a list could be created of all the private construction taking place on North Bay Road. That way they know who is responsible for what, and everyone can be informed of what rules they need to follow in construction. She brought this up because a great deal of dirt has been pushed on to the road, and no one is taking responsibility for it, and the City’s contractors have been blamed for it. David Martinez to handle. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 75 City Manager Morales expressed the difficulty of installing the water pipe under the road, and that the project is messy by its nature. Mayor Levine asked what percentage of the project has been completed. Mr. Martinez stated that approximately 33% of the work by dollar value has been done, and 80% of the time has elapsed. City Manager Morales recommended having project updates circulate via LTC, and if someone wants to place it on the Commission agenda, they can then do so. Discussion held. Mayor Levine asked to bring in private sector consultant managers to oversee the project. Office of the City Manager to handle. North Bay Drive resident stated that the neighbors are concerned about the mudding of the streets and sidewalks, the lack of landscape maintenance, and the poor lighting in the area. Mayor Levine agreed to improve the lighting on that street. ADDENDUM MATERIAL 2 5:32:04 p.m. R9N Discussion Regarding Proposed Beach Concession East Of South Pointe Park. (Sponsored by Commissioner Ricky Arriola) ACTION: Discussion held. Item referred to the February 16, 2016 NCAC meeting, by acclamation. Jeff Oris to handle. Daphne Saba to place on the committee agenda. REFERRAL: To the February 16, 2016 Neighborhood/Community Affairs Committee (NCAC) Commissioner Arriola requested allowing public discussion over the expansion of beach concessions and other amenities in the area of South of Fifth. The current contract is with Boucher Brothers, and they are proposing expansion of the chairs. He asked for feedback from the community to make sure they want this. Jimmy L. Morales, City Manager, explained that under the contract, the Boucher Brothers have asked for expansion of an area east of South Pointe Park. Max Sklar, Tourism, Culture & Economic Development Director, explained that when they began discussions with the Boucher Brothers, they asked for a series of items, and at the City Manager’s direction, they reached out to the neighborhood and condominium associations to get their feedback, and this still has not been resolved. He suggested waiting until after mid-January to make that decision. Commissioner Grieco recommended referring the item to NCAC for February to give the Boucher Brothers a chance to present to SOFNA. Commissioner Malakoff stated that many residents are against the expansion of chairs in that area and she hopes they keep it non-commercial. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 76 Handouts and Reference Materials: 1. E-mail from Frank Del Vecchio fdelvecchio@atlanticbb.net dated December 8, 2015 to City Commission RE: R9N – Proposed Beach Concession East of South Pointe Park, December 9 Agenda with attached document. 5:35:19 p.m. SUPPLEMENTAL MATERIAL 3: MEMORANDUM R9O Discussion Regarding Making Sure Our Street Lights Are On And The Protocol. (Sponsored by Mayor Philip Levine) ACTION: Discussion held. Eric Carpenter to handle. Mayor Levine asked what the protocol in keeping the streetlights on is, and who is responsible for the task. Eric Carpenter, Assistant City Manager/Public Works Director, explained that there are five different light maintenance scenarios throughout the City. First is City-owned, City-maintained lights; second is County-owned, County-maintained lights. Some City lights are contractor maintained, including the parking lots. Some City lights are maintained by Property Management. In addition, the FDOT lights and FPL owned and maintained lights. He stated that FDOT transferred all their responsibility for maintenance to the City in return for the City to have the ability to put a Wi-Fi system up on the poles. So as a result, we are now responsible for all of their lights. Discussion held regarding the responsible team to address this issue. Mr. Carpenter explained the process that they have people that work overtime, at least once a month, to check on every light in the City. They have identified 183 light outs in the last three months, and addressed those verses 60 that have come in from outside sources. They are utilizing the Police Department and Code Compliance, and have asked other departments to notify them. Discussion held. Mayor Levine requested coming up with a program to make it more aggressive a nd come up with a better system of checking on the lights. Discussion continued. Commissioner Arriola suggested that everyone works collectively and they have to take pride in the City, and whether it is litter or grass that has to be cut or lights out, it is every City employee's responsibility to report it. It is a cultural thing. Jimmy L. Morales, City Manager, explained that the vast majority of employees are not here at night and that is the problem. Discussion continued. Eric Carpenter, Assistant City Manager/Public Works Direction will try to come up with a better solution. The real solution is to be able to get to a point where they can proactively deal with the lights with preventive maintenance as opposed to waiting until they burn out. They are converting as many lights as they can to LED to each of the projects, but 7,000 lights is a lot to convert at once. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 77 Commissioner Arriola is seeking a cultural change, where they have great pride in everything they do; whether it is procurement of contracts or keeping our City clean; they need a huge amount of pride from City staff, and they need to build that down to our residents. Discussion continued regarding E-Gov App to report lights out. ADDENDUM MATERIAL 2 9:41:01 a.m. R9P Alton Road/West Avenue Trolley Service Update. (Sponsored by Mayor Philip Levine) ACTION: Discussion held. See action with C4F. Jose Gonzalez to handle. Jimmy L. Morales, City Manager, introduced the item. Jose Gonzalez, Transportation Director, explained that the City, through an Interlocal Agreement with the County, contributes to the South Beach Local, it is a County operated circulator system that has been in operation for several years. The Interlocal is due to expire in February 2016. They have been working with County staff to develop a trolley system as part of the City’s goal to develop a Citywide interconnected trolley system and plan a trolley route to serve the South Beach area. A draft route and a service plan were presented to this City Commission in April. They were working to develop a trolley route that would complement the South Beach Local, however, that did not succeed. County staff had serious concerns with the route developed, indicating that it was duplicating the South Beach Local, and at that time, the County suggested assisting in the political environment to try to help the City take over the South Beach Local. The trolley service would, in effect, replace the South Beach Local, with the development of a different route. For the past few months, they have been working with County staff to develop that route. They have a route developed that County staff agrees with and that is what this item is. Discussion held. City Manager Morales explained that the concern is that between now and when the City takes over the South Beach Local, how do they extend the Alton/West trolley. Mr. Gonzalez explained that the Alton/West Trolley was approved by the County strictly in connection with FDOT. The deal with the County is that once the Alton Road project was completed, that service would be terminated, as there is no formal agreement with the County for the Alton/West Trolley; they only have a temporary certificate of transportation. Mayor Levine asked what is needed to go back and obtain the Certificate to avoid loss of service. Discussion regarding amendments to the contract with the provider. Commissioner Arriola stated that the Alton/West Trolley services per the agreement terminates by the end of this month, and so there could be a year or more when residents and tourists do not have access to the trolley. They are trying to extend with the County until the City can take over the service. That is going to be a budget item, so he wants to focus on that. Kathie G. Brooks, Assistant City Manager, clarified that they have the ability to terminate the South Beach Local for convenience with 120 days’ notice. As soon as they can get the County to approve the Interlocal for the South Beach Trolley, they could terminate the Local. After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 78 Mayor Levine stated that it is crucial to request extending the services on an emergency basis, and he will talk to the County Mayor. He requested to be informed by December 16, 2015 of the status. Jose Gonzalez to handle. R10 - City Attorney Reports R10A City Attorney’s Status Report. (Office of the City Attorney) ACTION: Report given. Office of the City Attorney to handle. R10B Notice Of Closed Executive Session Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During Recess Of The City Commission Meeting On Wednesday, December 9, 2015, In The City Manager’s Large Conference Room, Fourth Floor, City Hall, For A Discussion Relat ive To Collective Bargaining. ACTION: Executive Session held. Reports and Informational Items 1. Reports and Informational Items (see LTC No. 462-2015) 2. List of Projects Covered by the Cone of Silence Ordinance – LTC No. 457-2015. (Procurement) 3. Report From Commission Committees Of Withdrawn Items Not Heard Within (6) Six Months From Their Referral Date. (Office of the City Clerk) End of Regular Agenda After Action December 9, 2015 City Commission City of Miami Beach F:\CLER\CITYCLER\AFTERACT\2013 To 2015\2015\12092015 CM\After Action December 9, 2015.Docx Page 79 Miami Beach Redevelopment Agency City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive December 9, 2015 Chairperson of the Board Philip Levine Member of the Board John Elizabeth Alemán Member of the Board Ricky Arriola Member of the Board Kristen Rosen Gonzalez Member of the Board Michael Grieco Member of the Board Joy Malakoff Member of the Board Micky Steinberg Member of the Board Miami-Dade County Commissioner Bruno A. Barreiro - Absent Executive Director Jimmy L. Morales Assistant Director Kathie G. Brooks General Counsel Raul J. Aguila Secretary Rafael E. Granado Rafael E. Granado, City Clerk, announced that all members of the Redevelopment Agency are present, except Miami-Dade County Commissioner Bruno A. Barreiro. Meeting called to order at 2:50 p.m. 2:50:00 p.m. 1A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency (RDA), Setting The Dates For The Year 2016 Redevelopment Agency Meetings. Joint City Commission & Redevelopment Agency (Office of the City Clerk) ACTION: Item heard in conjunction with R7A. RDA Resolution 620-2015 adopted as amended. Moved by Commissioner Malakoff to accept the 2016 Commission and RDA meeting dates, as amended, substituting the July 27, 2016 Presentations Meeting date for July 20, 2015. Voice vote: 7- 0; Absent: County Commissioner Barreiro. Amendment: Change the July 27, 2016 Presentations Meeting to July 20, 2015. City Clerk Rafael E. Granado announced that he had verified, and that there were no religious holidays on July 20, 2016 and that John Woodruff, Budget Director, had stated that July 20, 2016 was acceptable to set the millage. End of Agenda Meeting adjourned at 5:44:48 p.m.