2010-3690 OrdSecond Reading
9-15-10
ORDINANCE NO. 2010-3690
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA; AMENDING CHAPTER 82, "PUBLIC
PROPERTY," ARTICLE I1, "SALE OR LEASE OF PUBLIC PROPERTY,"
SECTIONS 82-36 THROUGH 82-40, AMENDING THE PROCEDURES FOR
SALE OR LEASE OF CITY PROPERTY; PROVIDING FORINCLUSION IN
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Code of the City of Miami Beach provides specific procedures for
the sale or lease of public property in Chapter 82 (the Ordinance); and
WHEREAS, the City Commission finds that it is in the best interest of the City to
amend certain procedures therein for approval of leases or sale of public property.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 82, "Public Property," Article II, "Sale or
Lease of Public Property," Sections 82-36 through 82-40, is amended as follows:
Sec.82-36. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
City property includes but is not limited to any land, water or air rights.
Lease of city property means any right to lease city property by way of agreement,
irrespective of consideration being paid to the city, and irrespective of the city's also
utilizing or being allowed to utilize the property for any purpose during the term of the
lease. For purposes of this article, the term "lease" shall not include special event permits;;
revocable permits;i concession agreements;i convention center ^~~~A. use
agreements or similar use agreements for short-term use of any of the city's cultural and/or
parks and recreation facilities; management and operation agreements;; or leases for a
term of not more than one ~ year, including option periods.
Sale of city property means any conveyance, transfer, gift, exchange or other transaction in
which legal title passes from the city to any person or entity, whether or not the city retains
any partial title, interest, reservation, easement, right-of-way, dedication, restriction) or
license in regard to the property. "cam;°~„°" i„~',,,~° "°^° ' f ~~~o„~ .,.,,~ ri,.h+~_„f ,.,.,.,
4ormin~+i~r~o ref ~ ~4ilifii oooomon~c\
Sec. 82-37. Committee Review and Public Hearing.
a) Prior to the sale or lease of city property for a term of more than ten (10) years
~including option periods):
1. the proposed sale or lease shall be transmitted by the cit~ger (without the
need for referral by the city commission) to the finance and citywide projects
committee. for its review: and
2. the city commission shall have read the title of the resolution approving the sale or
lease on two (2) separate dates, with the second reading to be accompanied b~
public hearing, which may be set by the city manager and shall be advertised not
less than seven (7) days prior to said hearing, in order to obtain citizen input into the
proposed sale or lease.
b) Prior to the lease of city property for a term often (10~years or less (including option
eriods
1. the proposed lease shall be transmitted by the city manager (without the need for
referral by the city commission) to the finance and citywide projects committee, for
its review: and
2. the city commission may approve the lease on one (1) readina. which shall be
accompanied by a public hearing, which may be set by the city manager and shall
be advertised not less than seven (7 days prior to said hearing, in order to obtain
citizens input into the proposed lease.
Sec. 82-38. Planning Analysis.
For any sale of city property, or lease of city property of more than ten (10) years (including
option. periods ,and fin order for the city commission and the public to be fully apprised of
all conditions relating to the proposed sale armor lease of such city property, the plaee+~
city's planning department shall prepare a~
written analysis, to be submitted to the city commission concurrent with its consideration of
the proposed sale or lease, using the following criteria:
(1) Whether or not the proposed use is in keeping with city goals and objectives and
conforms to the city's comprehensive plan. .
(2) The impact on adjacent propertyies (if any), including the potential positive or
negative impacts such as diminution of open space, increased traffic, noise leveller
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the city shall
determine the potential impact of the project on city utilities and other infrastructure
needs and the magnitude of costs associated with needed infrastructure
improvements. Should it become apparent that further evaluation of traffic impact is
needed, the preper{er~t purchaser/lessee shall be responsible for obtaining and
paying for a traffic impact analysis from a reputable traffic engineer.
(3) A determination as to whether or not the proposed use ~° ~^''°°^~^^ ~^~~+" involves a
public purpose, or is in keeping with the a~ad community's needs, such as expanding
the city's revenue base, reducing city costs, creating jobs, creating a significant
revenue stream, and/or improving the community's overall quality of life.
(4) A determination as to whether or not the ~'°~~°~^^m°^+ proposed use is in keeping
with the surrounding neighborhood, will block views or create other environmental
intrusions., and evaluation of the design and aesthetic considerations of the
proposed development or project.
(5) The impact on adjacent properties, whether or not there is adequate parking, street
and infrastructure needs.
(~} ,
(6~)-Such other issues as the c
manager or his authorized designee, who shall be the city's planning director, may
deem appropriate in analysis of the proposed disposition.
Notwithstandina anv provision in this section 82-83, the city manaaer, in his/her
reasonable judgment and discretion, may require the planning department to
prepare a written analysis (using the criteria in subsections 1-6 above) on anv
proposed lease, regardless of the term, where the city manager determines that
such analysis is in the best interest of the city.
3
Sec. 82-39. Advertised public bidding process.
a) There shall be no sale or lease of city property unless there has been an advertised
public bidding process. '„-c ~d+n~sn-t~f~e-safe-e+~leas° °"°" ~^^~^'~~ ~^~~t1a-,alfT°~r~,°~,~-of
.For leases of city property, the conditions of
this section 82-39(a) may be waived by afive-seventh (5/7ths) vote of the city commission.
upon a finding by the city commission that the public interest would be served by waiving
such conditions.
b~ For any sale of city property, or lease of city property of more than ten (10)
(including option periods ,the city shall obtain +n"-n°'~,T^'~'-^-'~°o "~° an independent appraisal
of the fair market or rental value of the property. The appraiser must be experienced in
determining a reasonable return for projects of a public/private joint venture nature. Should
the purchaser or lessee be unwilling to pay the cost of such appraisal, then any such cost
may be deducted from a bid bond or similar deposit made in a bid process. The appraisal
shall include a determination of the value of the property based on proposed and possible
uses including, without limitation, the highest and best use(s) of the property thereof;~by the
proposed purchaser or lessee. With regard to any lease of city property for which an
appraisal is required, the conditions of this section 82-39(b) may be waived by' a five-
sevenths (5/7ths) vote of the city commission, upon a finding by the city commission that
the public interest would be served by waiving such condition.
Sec. 82-40. Payment of costs.
All costs associated with the sale or lease procedures addressed in this article shall~e, at
the option of the city manager, be paid by the purchaser or lessee prior to, or at the time of
closing (for sales), or (for leases execution of the lease agreement by lessee.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in
4
conflict herewith be and the same are hereby repealed.
SECTION 3. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH, FLORIDA.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of
Miami Beach as amended; that the sections of this ordinance may be renumbered or
relettered to accomplish such intention; and that the word ordinance may be changed to
section or other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 15th day of SeptemberZ010.
MAY
ATTEST: ~.
CITY CLERK
F:\atto\AGUR\RESOS-ORD\Shapiro Ordinance -Amendments to entire Chapter 82 (Second Reading 9-15-10).doc
APPROVED AS TO
:FORM & LANGUAGE
t~ FOR EXECUTION
s ~ ~,~ ( ~
City Attom Date
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 82 ("Public Property"), Article II ("Sale or Lease of Public Property"), Sections 82-36
through 82-40, amending the procedures for sale or lease of City property.
Key Intended Outcome Supported:
Increase resident satisfaction with the level of services and facilities.
Supporting Data (Surveys, Environmental Scan, etc.):
Approximately 40% of retail businesses surveyed, rank Miami Beach as one of the best places to do business and 61 % of
the same group would recommend Miami Beach as a place to do business.
Issue:
Should the City Commission approve the Ordinance amendment?
rcem su
anon:
SECOND READING 8~ PUBLIC HEARING
Section 82-39 of the Miami Beach City Code, governing the sale/lease of public property, currently provides that the lease of
any City-owned property, including option periods, requires the following:
1) a public bidding process;
2) Planning Department analysis;
3) an independent appraisal to determine the value of the leasehold interest;
4) two (2) readings of the proposed lease; and
5) a public hearing to obtain citizen input.
The proposed Ordinance amendment deals primarily with streamlining the procedures for leasing. City property, and was
initiated pursuant to a request by the City Administration, in order for City-owned properties to remain competitive in the
commercial real estate market. This was prompted by the City's recent efforts to lease commercial space in Historic City
Hall and at 1701 Meridian Avenue. The current approval process has created delays that impact The City's ability to
compete for viable commercial tenants in a very difficult real estate market.
The Finance & Citywide Projects Committee, at its May 20, 2010 meeting; discussed and unanimously approved the
proposed amendment to the Ordinance.
On July 14,' 2010, the City Commission approved the proposed Ordinance amendment on first reading and scheduled a
public hearing on September 15, 2010.
The Administration and City Attorney's Office hereby also recommend that the Mayor and City Commission approve
the Ordinance amendment on second reading, after a duly noticed public hearing.
Adviso Board Recommendation:
Finance & Cit ide Pro~ects Committee on Ma 20, 2010.
Financial Information:
Source of Funds: Amount Account
n/a 1 N/A
Financial Impact Summary: This amendment does not significantly alter how the Administration currently reviews and
processes City leases. Therefore, there is no fiscal impact associated with this amendment.
Cit Clerk's Office Le islative Trackin
Anna Parekh, extension 7193
Sign-Offs:
Anna P rekh, Department Director Hilda M. Fernandez, Assistant City Manager Jorge M. Gonzalez, City Manager
AP HF JMG
T:WGENDA\2010\September 15\Regular\Shapiro Ordinance Amendment.2nd Reading.SUM.doc
m MIAMIBEACH
~~
AGENDA ITEM ~~~_
DATE ~"~,-~(]
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
PATE: September 15, 2010 S OND READING & PUBLIC HEARING
SUBJECT: AN ORDINANCE AMENDING C ER 82 ("PUBLIC PROPERTY"), ARTICLE II
("SALE OR LEASE OF PUBLIC PROPERTY"), SECTIONS 82-36 THROUGH 82-40,
AMENDING THE PROCEDURES FOR SALE OR LEASE OF CITY PROPERTY
KEY INTENDED OUTCOMES SUPPORTED
Increase resident satisfaction with the level of services and facilities.
BACKGROUND
On March 8, 2006, the Mayorand City Commission adopted Ordinance No. 2006-3509, amending
the procedure for the sale or lease of public property by requiring two separate readings prior to
approval of any sale or lease of public property.
Sections 82-36 through 82-40 of the Miami Beach City Code, governing the sale/lease of public
property, currently provides that the lease of any City-owned property, including option periods,
requires the following:
1) a public bidding process;
2) Planning Department analysis;
3) an independent appraisal to determine the value of the leasehold interest
4) two (2) readings of the proposed lease; and
5) a public hearing to obtain citizen input.
Section 82-36 through 82-39 further provide for the waiver of the competitive bidding and appraisal
requirements, by 5/7tns vote of the Mayorand City Commission, upon a finding by the Mayor and City
Commission that the public interest would be served by waiving such conditions.
ANALYSIS
The Administration typically requests that the majority of proposed leases be reviewed by the
F&CPC prior to first reading by the City Commission. Historically, the lease approval process
includes the following four (4) steps:
1) Referral of the lease discussion item to the Finance & Citywide Projects Committee
(F&CPC) by the City Commission;
2) Discussion of the proposed lease by the F&CPC;
3) Approval, on first reading, of the proposed lease and setting of a public hearing;
4) Approval, on second reading, of the lease following a duly noticed public hearing.
Steps one and two above, while not currently mandatory pursuant to the current Shapiro Ordinance,
Commission Memorandum
Shapiro Ordinance Amendment
September 15, 2010
Page 2 of 5
were deemed appropriate and prudent especially when applied to the $1.00 per year leases, as is
the case with the not-for-profit tenants. This has provided the Administration with the benefit of the
F&CPC's direction with regard to any "public benefit component" and/or "benchmark" terms to be
included in these leases with non-profits to offset the below market rates. The application of steps
one and two above to all commercial leases paying average market rates may have a detrimental
effect on the City's ability to remain competitive with the private sector in the current economic
market as explained in the attached memo from Koniver Stern, the City's contracted real estate
broker (Attachment A). The process of referring alone adds another month to the schedule.
For example, a four (4) month delay in obtaining approval of a lease is not typical in the commercial
real estate market. Lessees that require new space because they are at the end of a current lease
often cannot wait four months after the conclusion of negotiations (which in itself may take some
time) to obtain approval, move-out and move-in. If the delay results in additional expenses to remain.
in their leased space, then these potential lessees may pursue other competitive options.
Furthermore, amending the Shapiro Ordinance to streamline the lease approval process would allow
the City to commence the collection of Rent a minimum of one month sooner, resulting in additional
revenue to the City. The following chart demonstrates the total revenue the City was unable to
collect from recently approved leases during the 09/10 Fiscal Year, due to the current reviews and
two-reading requirement pursuant to the Shapiro Ordinance.
ECOMB $ 200.10
GEMCOR, Inc. $ 3,153.77
Immunity, Inc. $ 6,848.96
MDGLCC Foundation, Inc. $ 4,223.00
Miami Beach Film Society, Inc. $ 4,205.00
Paul A. Sack $ 1,382.98
Rubin & Bickman, PLLC $ 3,045.49
Strang Adams, P.A. $ 1,819.29
$24,878.59
At the October 21, 2008 meeting of the F&CPC, and subsequently at their meeting of March 10,
2009, the Committee also approved the Administration's recommendation that the process of
developing lease agreements based on supply and demand be utilized for the leasing and
occupancy of these available spaces, and that any future commercial leases (including renewals
and/or extensions) for use of City-owned properties (not programmed for City use) be handled as it
is in the private sector and not through a competitive bid process, with the Administration ensuring
that market rates are negotiated and operating expenses included. All leases would continue to
require City Commission approval pursuant to the Shapiro Ordinance.
The F&CPC, at its May 20, 2010 meeting, discussed and unanimously approved the proposed
amendments to the Shapiro Ordinance.
On July 14,' 2010, the City Commission approved the proposed Ordinance amendment on first
reading and scheduled a public hearing on September 15, 2010.
PROPOSED AMENDMENTS
The proposed amendment deals primarily with streamlining the procedures for leasing City property,
and was initiated pursuant to a request by the City Administration, in orderfor City-owned properties
to remain competitive in the commercial real estate market.
Commission Memorandum
Shapiro Ordinance Amendment
September 15, 2010
Page 3 of 5
Under the current provisions of the Shapiro Ordinance, City leases are subject to two (2) readings
(at two separate City Commission meetings), with the second reading followed by a public hearing.
Additionally, pursuant to policy established by the City Commission, proposed leases are also
presented to the City's Finance and Citywide Projects Committee, for its review and
recommendation.
The current process has made the approval of a City lease a lengthy process, which can take
months, since it requires that multiple actions be taken at the Committee level and at various City
Commission meetings, including:
1. Referral of the proposed lease to the Finance/Citywide Projects Committee;
2. Discussion of the lease at the Finance and Citywide Projects Committee;
3. First reading before the City Commission;
4. Approval by the City Commission to set the public hearing, followed by a fifteen (15) day
notice requirement prior to the hearing; and
5. Second (and final) reading of the lease and holding of the public hearing.
When the Shapiro Ordinance was last amended (in 2006), to include the "two readings" requirement
for City leases, the real estate market was considerably different, and the City itself was not leasing
the number of City properties (particularly City-owned commercial properties) that it is today.
Leasing volume has also increased due to turnover as a result of current economic/market
conditions. The proposed amendment-which, again, only changes the procedures for City leases
and NOT for the sale of City properties-seeks to balance the City's desire to remain competitive
and economically viable in today's commercial real estate market, with the acknowledgement that
leases of public property should continue to require close scrutiny, by both the City Commission and
the general public.
The following are the major proposed changes:
1. For leases of MORE THAN TEN (10) YEARS (including renewal options):
• Review by Finance and Citywide Projects Committee (The Manager can refer to the
Committee directly, instead of having to go to the City Commission for prior
authorization);
• Two (2) readings-this requirement is unchanged;
Second reading public hearing-this requirement is also unchanged except that the
Manager can set the hearing without prior Commission authorization, and the noticing
requirement is now seven (7) days instead of (15) days; and
• Competitive bidding, appraisal, and Planning Department analysis- all still
required (Note: As provided under the current Ordinance, bidding/appraisal
requirements can continue to be waived by 5/7ths vote).
2. For leases of TEN (10) YEARS OR LESS (including renewal options):
(NOTE: SINCE MOST OF THE CITY'S CURRENT COMMERCIAL LEASES FALL WITHIN
THIS CATEGORY, THIS IS PRIMARILY WHERE THE MAJOR CHANGES ARE
PROPOSED)
• Review by Finance and Citywide Projects Committee (Manager can refer without prior
Commission authorization);
Commission Memorandum
Shapiro Ordinance Amendment
September 15, 2010
Page 4 of 5
• Only one (1) reading required (instead of two);
• First (and only) reading must be a public hearing (Manager can set without prior
Commission authorization, and noticing requirement is seven (7) days instead of fifteen
(15) days);
• Competitive bidding and appraisal still required (but can continue to be waived by 5/7ths
vote); and
• No Planning Dept. Analysis required (Note: Manager has the discretion, however, to
require Planning Analysis for any lease, regardless of term).
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider
the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long term economic impact (at least 5 years) of this
proposed legislative action and determined that this amendment does not significantly alter how the
Administration currently reviews and processes leases for the use of City properties. Therefore,
there is no fiscal impact associated with this Ordinance amendment.
CONCLUSION
The proposed amendment was unanimously approved by the Committee. In order to remain
competitive and economically viable in today's commercial real estate market, the Administration
and City Attorney's Office hereby also recommend that the Mayor and City Commission approve on
second reading, following a duly noticed public hearing, an amendment to the procedures for the
sale or lease of City property.
JMG/HMF/AP/RR
T:\AGENDA\2010\September 15\Regular\Shapiro Ordinance Amendment.2nd Reading.MEM.doc
Commission Memorandum
Shapiro Ordinance Amendment
September 15, 2010
Page5of5
ATTACHMENT A
l~/IEMO
~~o~~ ~ .
RETAIL REAL ESTATE & BROKERAGE
Date: June 24, 2010
To: Hilda Fernandez
From: Lyle B. Stern
Re: Shapiro Ordinance
In response to yqur request for our perspective with regards to proposed changes to the
Shapiro Ordinance as it relates to retail leases in the parking garage, here are my
thoughts:
The retail .real estate market exists in a constantly evolving environment. In order to be
competitive, landlords must lower barriers to entry for tenants. In addition to location,
price, delivery, condition, etc, one of the important factors to the tenant is the ability to
make the decision, lock in an opportunity, commit capital and be assured that the
opportunity won't be lost before a (ease is signed, once a letter of intent is negotiated. The
City's current requirement that there be two commission meetings for public
review/vetting of the lease requires a tenant to be involved in an environment unlike any
other lease negotiation in the City.
After identifying the opportunity and negotiating a letter of intent, the. tenant is required to
fully negotiate a lease and commit working capital to attorney's fees, complete a lease and
still have no assurance that the landlord will execute the lease. This dynamic is antithetical
to normal deal flow. While it is the rare occasion that fully negotiated leases do not get
executed by the landlord or the tenant, it is certainly not the norm., So we are asking
tenants to commit capital and go into a holding period which can exceed 90 days, possibly
losing other opportunities in the market for an uncertain outcome. In that timeline, the
tenant can not even commit . to commence architectural drawings since they have no
assurance that the lease will Pbe executed, providing yet another delay in rent
commencement for the City. In our opinion, lowering or eliminating this barrier to entry
could benefit the City greatly..
1665 Washington Avenue, Penthouse
Miami. Beach, Florida 33139
T (305) 532-6100 F (305) 532-6101
www.koniversterngroup.com
v THURSDAY, AUGUST 19, 2010 I . 19NE
MIAMI BEACH - ~ ~ - .
:~ - ~ -C I~ O.F.-nll IAIVIi . ~ EAC H=
. ~, , ~; NOTICE ®F PUBLIC I-IEARIO~fCS
NOTICE IS':HEREBY,,given that second readings and public hearings will be held by the Mayor and City Commission of the City of Miami.Beach, Florida, in the
Commission Chambers, 3rd:fldor, City Hall, 1700 Cbnvention Center Drive, Miami.Beach, Florida, on Wednesday, September 15'", 2010, to consider the following:
10:1fra~m:'.. -- - ~ -
' Ordinance Amending=Miami Beach City Code Chapter 2, Article VII, Division 3 Entitled "Lobbyists", Section 2-482 Thereof Entitled "Registration" So As To Clarify That
The Annual Lobbyist Registration Fee Is Required To Be Paid For Each Twelve Month Period Commencing October 1 Of Each Year; And Amending City Code Section j
2-485 Thereof Entitled "List Of Expenditures; Fee Disclosure; Reporting~Requirements", So As To Change Annual Reporting Date For Lobbyist Expehditure And Fee
Disclosure.From Octdber 1 To February 28, And Changing Corresponding Annual Date For Post-Delinquency Lobbbyist Suspension Due To Failure To File Report After
lmpdsition Of Penalty From December 1 To April 30, 2010. ,
Inquiries may be directed to the City Clerk's Office (305) 673-2411
10:20 a.m.
Ordinance Amending Tne Code Of The City Of Miami Beach, Florida; Amending Chapter 82, "Public Property," Article II, "Sale Of Lease Of Public Property," Sections
82-36 Through 82-40, Amending The Procedures For Sale Or Lease Of City Property; Providing For Inclusion In The Code Of The City Of Miami Beach.
Inquiries may be 8irected to the Real Estate, Housing & Community Development'Department (305) 673- 7260. ,
10:40 a.m. ~ -
Ordinance Amending. Chapter 106 Of The Miami Beach City Code, Entitled "'Traffic And Vehicles," By Amending Article II, Entitled "Metered Parking," By Amending
Division I; Entitled„"Generally," By Amending Section 106-55, Entitled "Parking Rates, Fees, And Penalties," By Amending Subsection (N), Entitled "Hybrid/ILEV
(Inherently Low Emissions.Vehicles) Vehicles Incentive,"By Amending Vehicle Participation Criteria For The Hybrid/ILEV Vehicles Incentive Program To Include Vehicles
With. An EPA (Environmental Protection Agency) Rating Of Six "6" Or Higher ("Smartway" Designation) And Street Legal Electrip Vehicles, Increasing Thz Number Of
Reserved Hybritl Vehicle Spaces At The 42nd Street Garage From One Percent (1 %) To Two Percent (2%), Establishing One Percent (1 %) Of The Parking Spaces At
The 7th Street Garage And 13th Street As Reserved For Hybrid Vehicles Only, And Establishing An Automatic Review Of All Hybrid Vehicle Incentives Upon Reaching
A Hybrid PermiYSales Threshold.Of Five Percent (5%) Of Total Permit Sales.
Inquiries ,may be directed to the Parking Department (305) 673-7275
11:50 a.m.. ,
Ordinance Amending Ordinance No. 1335, The Classitied Employees' Leave Ordinance, By Amending The Provisions For Accumulation And Payment Of Annual Leave
For The American-Federation Of State, County And Municipal Employees/Local No. 1554 (AFSCME).
Inquiries maybe directed to the Human Resources Department (305) 673- 7520
11:51..a.m.
Ordinance Amending The.Miami Beach Employees' Retirement Plan; Implementing Provisions Of The 2009-2012 Collective Bargaining Agreements Between The City
And The American Federation Of State, County And MunicipaLEmployees, Local 1554 (AFSCME), And GdvernmentSupervisors AssociatiomOf Florida/OPEIU Local
100:(GSA); Implementing Similar Retirement Plan Amendments For Members Who Are Not Included In Any Bargaining Unit; Providing For Severability; Repealing All
Ordinances In Conflict Therewith; And Providing An Effective Date
Inquiries may_ be directed.to.the Human Resources Department (305).673- 7520
s 1152am.,,r, ,"
Ordinance Fimeniiing Part'I, Subpart B, Article IX, Related Special Acts, Of The Miami-Beach City Code Entitled :'Pension System For Disability And Retirement '
Of Members Of Police And FIreDepartments"; Implementing Provisions Of The 2009-2012 Collective Bargaining Agreements Between The City And Fire~Fighters
Of Miami Beadh,~lAFF Local 1510,' And The Miami Beach Fraternal Order.Of Police, William Nichols Lodge No. 8; Amending_Section 65 Entitled "Computation Of
Creditable Servibe; Service Record", Providing For The Purchase Of Additional Creditable Service Upon Completion Of Ten Years.Of Service With The City; Amending
Section 66 Entitled "Service And Disability Benefits Generally", Providing For The Inclusion Of Compensation For Certain Off Duty Services In A Member's Salary
Fdr Pension+Purpbses, And Providing For The Sale Of Unused Sick.And/Or.Vapation Time For Inclusion In A Member's Final Average Monthly Earnings, Subject To,
Certain Limitations; Amending Section 79 Entitled "Deferred Retirement Option Plan", Providing For A Maximum Drop Period Of Sixty Months And A Modified Cost Of
Living-Adju'stmeritDuring The Drop Period; Creating A New Section 87 Entitled"Benefits For Employees Hired On Or After July 14, 2010"; Providing For Severability;
Repealing All,Ordinances, In Conflict Therewith; And Providing For An Effective.Date. ,
Inquiries may be directed to the Human Resources Department (305) 673- 7520
11:53 a.m. ~ .
Ordinance Implementing Provisions Of The 2009-2012 Collective Bargaining Agreement Between-The City And Fire Fighters Of Miami Beach, IAFF Local'1510, And
Miami Beach Fraternal.Order.Of Police,.William Nichols Lodge No. 8; Creating A New Article.IV Of Chapter 78, Miami Beach City Code Entitled "Health Benefits For
Firefighters And Police Officers.
.Inquiries may be directed,to,the Human Resources Department (305) 673- 7520 ' ~ '
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or-to express their views in writing addressed td the City Commission, '
c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach; Florida 33139. Copies of these ordinances are available for public inspection
during normal business hours in the City Clerk's Office, 1700 Convention Center.Orive, 1st Floor, City Hall, and Miami Beach, Florida•33139 drvia the City'sweb site
at www.miamibeachfl.gov. This meeting maybe continued and under such circumstances additional legal notice would ndt be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision.made by tfae City Commission with respect
to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based. This notice dpes not constitute consent by the City forthe introduction or admission of otherwise inadmissible
or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed. by law. `
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Ad #613 -. r
MIAMIBEACH
OFFICE OF THE CITY ATTORNEY, Jose Smith, City Attorney
Interoffice Memorandum
To: Robert Parcher Date: December 1, 2010
City Clerk
From: Raul J. Aguila `
Deputy City Attorney
Subject: Correction of Scrivener's Errors in Ordinance No. 2010 -3690
Following my review of the above Ordinance, I noted a scrivener's error (in the drafting, not on
your end) to Section 82 -39 thereof.
That section requires sale and /or leases of City property to be publicly bid (See Section 82-
39(a)) and independently appraised (See Section 82- 39(b)), unless the requirements are waived
by 5 /7ths vote of the City Commission.
When we were preparing the amendment, we inadvertently left out the reference still allowing
for the 5 /7ths waiver of the bidding and appraisal requirements FOR SALES. In support of this
as a scrivener's error, I reviewed the supporting documentation -- both in the memos that were
prepared for the proposed amendment when it went to the Finance Committee, as well as in the
Commission Memorandum accompanying the first and second reading of the Ordinance —which
expressly provided and specifically intended that the changes being made in the Ordinance
were only intended to change the procedures in the Code governing LEASES of City property.
Therefore, the Commission's ability to continue to waive the bidding and appraisal requirements
for sales of City property (as was originally provided for in the City Code since this particular
Code section was initially adopted) should not have been deleted.
Accordingly, I am attaching a new page 4, with re- inserting the inadvertently omitted .language.
I think, for your records, you can just switch out the page, and transmit this memo (and the
corrected page) to MuniCode for proper inclusion of the corrected version in the Code.
Thank you for your attention to this matter. Please . don't hesitate to contact me if you have any
questions and /or comments.
, i
Sec. 82 -39. Advertised public bidding process.
al There shall be no sale or lease of city property unless there has been an advertised
public bidding process. - - • •- - - _ - - - - -- : • - - - _ - -- - - -
- = - : - : - - • = - For sale or leases of city property, the
conditions of this section 82 -39(a) may be waived by a five - seventh (5 /7ths) vote of the city
1 commission, upon a finding by the city commission that the public interest would be served
by waiving such conditions.
1 DI For any sale of city property, or lease of city property of more than ten (10) years
(including option periods), the city shall obtain there shall also be an independent appraisal
of the fair market or rental value of the property. The appraiser must be experienced in
determining a reasonable return for projects of a public /private joint venture nature. Should
the purchaser or lessee be unwilling to pay the cost of such appraisal, then any such cost
may be deducted from a bid bond or similar deposit made in a bid process. The appraisal
shall include a determination of the value of the property based on proposed and possible
uses including, without limitation, the highest and best use(s) of the property thereof, by the
proposed purchaser or lessee. With regard to any sale or lease of city property for which
an appraisal is required, the conditions of this section 82 -39(b) may be waived by a five -
sevenths (5/7ths) vote of the city commission, upon a finding by the city commission that
the public interest would be served by waiving such condition.
this section, and in regard to leases of fivc years or Tess, including option periods, the
waived by a five sevenths vote of the city commission upon a finding by the city
ply.
Sec. 82-40. Payment of costs.
All costs associated with the sale or lease procedures addressed in this article shall -be, at
the option of the city manager, be paid by the purchaser or lessee prior to, or at the time of
closing (for sales), or (for leases) execution of the lease agreement by lessee.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in
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1
Second Reading
9 -15 -10
• ORDINANCE NO. 2010 -3690
•
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA; AMENDING CHAPTER 82, "PUBLIC
PROPERTY," ARTICLE 11, "SALE OR LEASE OF PUBLIC PROPERTY,"
SECTIONS 82 -36 THROUGH 82-40, AMENDING THE PROCEDURES FOR
SALE OR LEASE OF CITY PROPERTY; PROVIDING FOR INCLUSION IN
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Code of the City of Miami Beach provides specific procedures for
the sale or lease of public property in Chapter 82 (the Ordinance); and
WHEREAS, the City Commission finds that it is in the best interest of the City to
• amend certain procedures therein for approval of leases or sale of public property.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 82, "Public Property," Article 11, "Sale or
Lease of Public Property, " Sections 82 -36 through 82-40, is amended as follows:
Sec. 82-36. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
City property includes but is not limited to any land, water or air rights.
Lease of city property means any right to lease city property by way of agreement,
irrespective of consideration being paid to the city, and irrespective of the city's also
utilizing or being allowed to utilize the property for any purpose during the term of the
lease. For purposes of this article, the term "lease" shall not include special event permits
revocable permits concession agreements convention center or T.O.P.A. use
. I agreements or similar use agreements for short-term use of any of the city's cultural and /or
parks and recreation facilities: management and operation agreements :, or leases for a
term of not more than one IL year, including option periods.
Sale of city property means any conveyance, transfer, gift, exchange or other transaction in
which legal title passes from the city to any person or entity, whether or not the city retains
•
any partial title, interest, reservation, easement, right -of -way, dedication restriction or
license in regard to the property. "- - -" - - ' - _ - _ - . - - _ _ _ _ -
Sec. 82 -37. Committee Review and Public Hearing.
a) Prior to the sale or lease of city property for a term of more than ten (10) years
(including option periods):
1. the proposed sale or lease shall be transmitted by the city manager (without the
need for referral by the city commission) to the finance and citywide proiects
committee, for its review; and
2. the city commission shall have read the title of the resolution approving the sale or
lease on two (2) separate dates, with the second reading to be accompanied by a
public hearing, which may be set by the city manager and shall be advertised not
less than seven (7) days prior to said hearing, in order to obtain citizen input into the
proposed sale or lease.
b) Prior to the lease of city property for a term of ten (10) years or less (including option
periods):
1. the proposed lease shall be transmitted by the city manager (without the need for
referral by the city commission) to the finance and citywide proiects committee, for
its review; and
2. the city commission may approve the lease on one (1) reading, which shall be
accompanied by a public hearing, which may be set by the city manager and shall
be advertised not less than seven (7) days prior to said hearing, in order to obtain
citizens input into the proposed lease.
Sec. 8238. Planning Analysis.
•
1 For any sale of city property, or lease of city property of more than ten (10) years (including
option periods), and tin order for the city commission and the public to be fully apprised of
all conditions relating to the proposed sale a•Relior lease of such city property, the . planning,
e • e- - -= = • - : - - - • = - city's planning department shall prepare an
1 written analysis, to be submitted to the city commission concurrent with its consideration of
the proposed sale or lease, using the following criteria:
2
•
•
' I
(1) Whether or not the proposed use is in keeping with city goals and objectives and
conforms to the city's comprehensive plan.
(2) The impact on adjacent •propertyies (if any), including the potential positive or
negative impacts such as diminution of open space, increased traffic, noise level of
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the city shall
determine the potential impact of the project on city utilities and other infrastructure
needs and the magnitude of costs associated with needed infrastructure
improvements. Should it become apparent that further evaluation of traffic impact is
needed, the pfej343flent purchaser /lessee shall be responsible for obtaining and
paying for a traffic impact analysis from a reputable traffic engineer.
(3) A determination as to whether or not the proposed use • i involves a
public purpose, or is in keeping with the and community's needs, such as expanding
the city's revenue base, reducing city costs, creating jobs, creating a significant
revenue stream, and /or improving the community's overall quality of life.
(4) A gdetermination as to whether or not the development proposed use is in keeping
with the surrounding neighborhood, will block views or create other environmental
intrusions, and evaluation of the design and aesthetic considerations of the
proposed development or project.
(5) The impact on adjacent properties, whether or not there is adequate parking, street
and infrastructure needs. • (43 A.... -- .-- - a -_- --• - - . - -- - -- :: -•- - -.•.
(68) Such other issues as the e - - - ' - = : - .e' _ - ; - • _ : - - -. - • _ - : • : - ' city
manager or his authorized designee, who shall be the city's planning director, may
deem appropriate in analysis of the proposed disposition.
Notwithstanding any provision in this section 82 -83, the city manager, in his /her
reasonable iudgment and discretion, may require the planning department to
prepare a written analysis (using the criteria in subsections 1 -6 above) on any
proposed lease, regardless of the term, where the city manager determines that
such analysis is in the best interest of the city.
•
3
Sec. 82 -39. Advertised public bidding process.
aj There shall be no sale or lease of city property unless there has been an advertised
public bidding process. - • : : ' ' : - - - - - : - - - - - : -- -- • • - _ - : _ - -- - -
:
":- - For leases of city property, the conditions of
this section 82 -39(a) may be waived by a five - seventh (5 /7ths) vote of the city commission,
upon a finding by the city commission that the public interest would be served by waiving
such conditions.
I DI For any sale of city property, or lease of city property of more than ten (10) years
(including option periods), the city shall obtain thcrc shall also be an independent appraisal
of the fair market or rental value of the property. The appraiser must be experienced in
determining a reasonable return for projects of a public /private joint venture nature. Should
the purchaser or lessee be unwilling to pay the cost of such appraisal, then any such cost
may be deducted from a bid bond or similar deposit made in a bid process. The appraisal
shall include a determination of the value of the property based on proposed and possible
uses including, without limitation, the highest and best use(s) of the property thereof the
proposed purchaser or lessee. With regard to any lease of city property for which an
appraisal is required, the conditions of this section 82 -39(b) may be waived by a five -
sevenths (5 /7ths) vote of the city commission, upon a finding by the city commission that
the public interest would be served by waiving such condition.
-• -: •• : : - - : • - - : - - _: •_• ,- •__
•
Sec. 82-40. Payment of costs.
All costs associated with the sale or lease procedures addressed in this article shall-be, at
the option of the city manager, be paid by the purchaser or lessee prior to, or at the time of
closing (for sales), or (for leases) execution of the lease agreement by lessee.
SECTION 2. REPEALER. -
All ordinances or parts of ordinances and all sections and parts of sections in
4
•
1
conflict herewith be and the same are hereby repealed.
SECTION 3. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH, FLORIDA.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of
Miami Beach as amended; that the sections of this ordinance may be renumbered or
relettered to accomplish such intention; and that the word ordinance may be changed to
section or other .appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity. - .
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption. • •
PASSED and ADOPTED this 15th day of September2010
. • ' il / , 1 .I • 7-40i; - i
MAYO
ATTEST: •, •
s (I Pat dthi...
P(Ait, - .
CITY CLERK
F:latto\AGUR\RESOS- ORD1Shapiro Ordinance - Amendments to entire Chapter 82 (Second Reading 9- 15- 10).doc
•
•
, •
APPROVED AS TO
:FORM & LANGUAGE
06 FOR EXECUTION
. 5 e 61, Z
if ity / mom : Date
01
Hatfield, Liliam
From: Hatfield, Liliam
Sent: Tuesday, December 14, 2010 3:14 PM
To: 'ords@municode.com'
Cc: 'Mary Summers'; Parcher, Robert; Aguila, Raul
Subject: Ord 2010-3690 Scriverner's Error -- MCC needs to be notified.
Attachments: Memo from Raul Aguila, Deputy City Attorney.pdf
Importance: High
Please add to Ordinance 2010 - 3690 adopted by the Miami Beach City Commission on 9/15/2010 the
words “sale or” under Sec 82 - 39 a) and b) as shown in red below:
Sec. 82 - 39.
Advertised public bidding process.
a) There shall be no sale or lease of city property unless there has been an advertised
public bidding process. For sale or leases of city property, the conditions of
this section 82 - 39(a) may be waived by a five - seventh (5/7ths) vote of the city commissi on.
upon a finding by the city commission that the public interest would be served by waiving
such conditions.
b) For any sale of city property, or lease of city property of more than ten (10) years
(including option periods) ,the city shall obtain an in dependent appraisal
of the fair market or rental value of the property. … purchaser or lessee. With regard to any
sale or lease of city property for which an appraisal is required, the conditions of this
section 82 - 39(b) may be waived by a five - sevenths (5/7ths) vote of the city commission,
upon a finding by the city commission that the public interest would be served by waiving such
condition.
If you have any questions, please refer to the attached document from Raul Aguila, Deputy City
Attorney or cont act this office at anytime.
Also advice if this error can be corrected in Supplement 44, which is being prepared for this quarter in
December.
Thank you and Happy Holidays!
BEACH
MIAMI
Liliam Hatfield,
Office Associate V
CITY CLERK'S OFFICE
1700 Conven tion Center Drive , Miami Beach , FL 33139
Tel:
305 - 673 - 7411/ Fax: 305 - 673 - 7254 / www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, hi storic community.
From: Parcher, Robert
Sent: Tuesday, December 14, 2010 2:08 PM
To: Hatfield, Liliam
Subject: Please see me ref Ord 2010 - 3690 Scriverner's Error -- MCC needs to be notified.
1
BEACH
MIAMI
Robert Parcher,
City Clerk
CITY CLERK'S OFFICE
1700 Convention Center Drive , Miami Beach , FL 33139
Tel: 305 - 673 - 7411 / Fax: 305 - 673 - 7254 / www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, hi storic community.
2