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Resolution 2022-32246 RESOLUTION NO. 2022-32246 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 8, 2022 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY SHOULD LEASE PARKING LOT AT 1664 MERIDIAN AVENUE (1.36 ACRES) TO 1664 MERIDIAN, LLC, FOR 99 YEARS, REQUIRING, PER RESOLUTION 2022-32245: REPLACING ALL EXISTING PUBLIC PARKING, PLUS ADDITIONAL PARKING; CLASS-A OFFICE, RETAIL, AND RESIDENTIAL PROJECT NEAR LINCOLN ROAD; 0.40 ACRE (APPROXIMATELY 30% OF SITE) OF LANDSCAPED PUBLIC SPACE; 6-STORY BUILDING, RESTRICTED TO HEIGHT OF 100 FEET; NO CITY FUNDING; AND $145,704,144 MINIMUM GUARANTEED RENT TO CITY, AMONG OTHER REVENUES. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 8, 2022, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. SECTION 3. That the said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts as determined by the Miami-Dade County Election Officials. SECTION 4. Notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 5. The Notice of Election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE 8th DAY OF NOVEMBER, 2022, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: 1 Pursuant to City Code section 38-3(b): "The City Clerk shall further publish, in a newspaper meeting the requirements set forth in Florida Statute § 50.031 and on the City's website, the polling places for the election twice, once in the third week and once in the first week prior to the week in which the election is to be held." 2 City Charter approval: Lease of City Property at 1664 Meridian Avenue Should City lease parking lot at 1664 Meridian Avenue (1.36 acres) to 1664 Meridian, LLC, for 99 years, requiring, per Resolution 2022-32245: • replacing all existing public parking, plus additional parking, • Class-A office, retail, and residential project near Lincoln Road, • 0.40 acre (approximately 30% of site) of landscaped public space, • 6-story building, restricted to height of 100 feet, • no City funding, and • $145,704,144 minimum guaranteed rent to City, among other revenues? Yes No Said Notice shall further set forth pertinent information regarding eligibility of electors to participate in said elections. SECTION 6. That the official ballot to be used in the Special Election to be held on November 8, 2022, hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" City Charter approval: Lease of City Property at 1664 Meridian Avenue Should City lease parking lot at 1664 Meridian Avenue (1.36 acres) to 1664 Meridian, LLC, for 99 years, requiring, per Resolution 2022-32245: • replacing all existing public parking, plus additional parking, • Class-A office, retail, and residential project near Lincoln Road, • 0.40 acre (approximately 30% of site) of landscaped public space, • 6-story building, restricted to height of 100 feet, 3 • no City funding, and • $145,704,144 minimum guaranteed rent to City, among other revenues? Yes No SECTION 7. The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. SECTION 8. Registration of persons desiring to vote in the Special and Runoff Elections shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. The Miami- Dade County Supervisor of Elections will register voters for the Special Election until 5:00 p.m. on Tuesday, October 11, 2022. All persons eligible to vote at the Elections must be registered before the times and dates set forth herein or have registered previously, as provided by law. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Department. All questions concerning voter registration should be directed to the Miami-Dade County Elections Department, 2700 N.W. 87th Avenue, Miami, Florida 33172; Telephone:(305) 499-VOTE (8683). 4 SECTION 9. That voters participating via a Vote-by-Mail ballot in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to such voting. All questions concerning Vote-by-Mail ballots should be directed to the Miami-Dade County Elections Department, 2700 N.W. 87" Avenue, Miami, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 10. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 11. That if the proposal provided for in Sections 5 and 6 above shall be approved by a majority of the qualified electors of the City voting on the subject proposal, it shall be considered adopted and effective upon the City Commission's acceptance of certification of final election results. SECTION 12. If any section, sentence, clause or phrase of this Resolution or of the ballot measure set forth herein is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of said Resolution, or ballot measure. 5 SECTION 13. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this ° I) day of ` 14 , 2022. ATTEST: DAN GELBER, MAYOR 721 7/Z4i z L RAFAEL E. GRANADO, CITY CLERK (Sponsored by Commissioner Ricky Arriola) APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION IINCORf RATED' � 9Q., g ,p �V City Attorney pion_ Date kr"1 6 BALLOT QUESTION NOVEMBER 8, 2022 SPECIAL ELECTION I. BALLOT QUESTION: City Charter approval: Lease of City Property at 1664 Meridian Avenue Should City lease parking lot at 1664 Meridian Avenue (1.36 acres) to 1664 Meridian, LLC, for 99 years, requiring, per Resolution 2022-32245: • replacing all existing public parking, plus additional parking, • ._Class-A office, retail, and residential project near Lincoln Road, • 0.40 acre (approximately 30% of site) of landscaped public space, • 6-story building, restricted to height of 100 feet, • no City funding, and • $145,704,144 minimum guaranteed rent to City, among other revenues? Yes No 7 Resolutions-R7 F MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: July 20, 2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR NOVEMBER 8, 2022 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY SHOULD LEASE PARKING LOT AT 1664 MERIDIAN AVENUE (1.36 ACRES) TO 1664 MERIDIAN, LLC, FOR 99 YEARS, REQUIRING, PER RESOLUTION 2022- : REPLACING ALL EXISTING PUBLIC PARKING, PLUS ADDITIONAL PARKING; CLASS- A OFFICE, RETAIL,AND RESIDENTIAL PROJECT NEAR LINCOLN ROAD; 0.40 ACRE (APPROXIMATELY 30% OF SITE) OF LANDSCAPED PUBLIC SPACE; 6-STORY BUILDING, RESTRICTED TO HEIGHT OF 100 FEET; NO CITY FUNDING; AND $145,704,144 MINIMUM GUARANTEED RENT TO CITY,AMONG OTHER REVENUES. ANALYSIS See attached Commission Memorandum. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION See attached Commission Memorandum. Is this a"Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Office of the City Attorney Sponsor Commissioner Ricky Arriola Page 876 of 1502 ATTACHMENTS: Description Commission Memorandum. o Resolution Page 877 of 1502 i -6t` L3 :f City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the City Commission City Manager Alina T. Hudak FROM: Rafael A. Paz, City Attorney DATE: July 20, 2022 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLO,RIDA CALLING FOR A NOVEMBER 8, 2022 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY SHOULD LEASE PARKING LOT AT 1664 MERIDIAN AVENUE (1.36 ACRES) TO 1664 MERIDIAN, LLC, FOR 99 YEARS, REQUIRING, PER RESOLUTION 2022- : REPLACING ALL EXISTING PUBLIC PARKING, PLUS ADDITIONAL PARKING; CLASS-A OFFICE, RETAIL, AND RESIDENTIAL PROJECT NEAR LINCOLN ROAD; 0.40 ACRE (APPROXIMATELY 30% OF SITE) OF LANDSCAPED PUBLIC SPACE; 6-STORY BUILDING, RESTRICTED TO HEIGHT OF 100 FEET; NO CITY FUNDING; AND $145,704,144 MINIMUM GUARANTEED RENT TO CITY, AMONG OTHER REVENUES. At the request of Commissioner Arriola, the sponsor of this item, the attached Resolution has been prepared calling for a City of Miami Beach Special Election to be held on November 8, 2022 for the purpose of submitting to the City's voters the following question pursuant to Section 1.03(b)(2) of the City Charter: City Charter Approval: Lease of City Property at 1664 Meridian Avenue Should City lease parking lot at 1664 Meridian Avenue(1.36 acres)to 1664 Meridian, LLC, for 99 years, requiring, per Resolution 2022- • replacing all existing public parking, plus additional parking, • Class-A office, retail, and residential project near Lincoln Road, • 0.40 acre (approximately 30% of site) of landscaped public space, • 6-story building, restricted to height of 100 feet, • no City funding, and • $145,704,144 minimum guaranteed rent to City, among other revenues? Page 878 of 1502 Commission Memorandum -Lease of City Property at 1664 Meridian Avenue July 20, 2022 Page 2 • r Section 1.03(b)(2) of the City Charter provides that a lease of ten years or longer of certain specified City-owned properties shall require approval by a majority vote of the voters in a City-wide referendum, including the Lincoln Road Parking Lots, defined as "all City-owned surface parking lots in the vicinity of Lincoln Road located within the area bounded by 17th Street on the North, Euclid Avenue on the East, 16th Street on the South, and West Avenue on the West." The lease of the parking lot at 1664 Meridian Avenue is subject to the referendum requirement of Section 1.03(b)(2) of the City Charter. The proposed Lease is the subject of the companion agenda item being considered at the July 20, 2022 City Commission meeting, along with a Development Agreement governing the property. The Miami-Dade County Elections Department has informed the City Clerk that the City's Resolution calling a November 8, 2022 Special Election must be provided to the County Elections Department by July 29, 2022. Accordingly, it should be noted that the proposed measure may be considered by the City Commission either at the July 20, 2022 City Commission meeting or, at the latest, the Special Meeting scheduled for July 25, 2022. FISCAL IMPACT STATEMENT The Miami-Dade County Elections Department has provided the City Clerk with an estimate of approximately $28,559.85 (Cost Estimate for One Page Ballot) and $56,217.70 (Cost Estimate in the Scenario Multiple Questions Triggers an Additional Page) to conduct the November 8, 2022 Special Election, which includes the costs associated with 14 days of Early Voting. (See Department of Election Estimates.) Additionally, the City will incur approximately $42,000 in legally mandated advertisements, required by the Florida Statutes and the City Code, to notice this Special Election. Amount(s)/Accbunt(s): $28,559.85 - Estimate 1-page ballot (Scenario 1) $56,217.70 - Estimate 2-page ballot (Scenario 2) $42,000.00 - Estimate of Legally Mandated Advertisements for Special Election (Charter Amendments/Ballot Questions) Maximum Estimated Amount: $98,217.70 Account: 011-9322-000312-90-400-592-00-00-00 RAP/ag Page 879 of 1502 ESTIMATE City of Miami Beach -Piggyback Election-November 8,2022 w/additional page Rafael E.Granado,City Clerk Estimate N°: MB-(2)-PB-110822 City of Miami Beach Estimate Date: June 17,2022 1700 Convention Center Dr.,#200 Miami Beach,FL 33139 Registered Voters: 50,287 Early Voting Days: Precincts: 29 Early Voting Sites: Polling Places: 24 Permanent Absentee Ballots: 14,792 Personnel $ Salaries&Fringe Benefits,Overtime,Poll Workers Polling Places Security,Polling Place Rentals Supplies and Services Election Supplies,Communication Charges,Absentee Ballots Set Up Trucks and Vehicles Truck Rentals,GSA Vehicles Printing and Advertising 50,287.00 Absentee,Early Voting&Precinct Ballots,Temporary Polling Place Change Notices,Newspaper Ads Postage Absentee Ballots Sent and Business Reply,Temporary Polling Place Change Notices,Letters Ballot Creation 820.00 In-House B Outside Contractual Services,Translations-Based on one question Administrative Overhead 5,110.70 Indirect Costs,Logic&Accuracy,Post-Election Audits *TOTAL S 56.217.70 Please note these costs are estimates and are subject to change. This estimate does include the cost of ballot printing; however,•if your questions)/race(s) creates an additional ballot pace. the cost will be adjusted accordingly. For more information,you may contact: Raimundo Delgado Manager,Budget and Finance Miami-Dade Elections Department 2700 NW 87 Avenue Miami,Florida 33172 Office:305-499-8424 E-mail:rimundo.delgado(D_miamidade.gov Page 880 of 1502 ESTIMATE City of Miami Beach -Piggyback Election -November 8, 2022 Rafael E.Granado,City Clerk Estimate N°: - MBEACH(2)-PB-11082022 City of Miami Beach Estimate Date: June 21,2022 1700 Convention Center Dr.,#200 Miami Beach,FL 33139 Registered Voters: 50,287 Early Voting Days: Precincts: 29 Early Voting Sites: Polling Places: 24 Permanent Absentee Ballots: 14,792 Personnel $Salaries&Fringe Benefits,Overtime,Poll Workers Polling Places Security,Polling Place Rentals Supplies and Services Election Supplies,Communication Charges,Absentee Ballots Set Up Trucks and Vehicles Truck Rentals,GSA Vehicles Printing and Advertising 25,143.50 Absentee,Early Voting&Precinct Ballots,Temporary Polling Place Change Notices,Newspaper Ads Postage Absentee Ballots Sent and Business Reply,Temporary Polling Place Change Notices,Letters Ballot Creation 820.00 ln-House.&Outside Contractual Services,Translations-Based on one question Administrative Overhead 2,596.35 Indirect Costs,Logic&Accuracy,Post-Election Audits *TOTAL- $ 28.559.85 ` Please note these costs are estimates and are subject to change. This estimate does include the cost of ballot printing; however, if your questions)/race(s) creates an additional ballot page,,the cost will be adjusted accordingly. For more information,you may contact: Raimundo Delgado Manager,Budget and Finance Miami-Dade Elections Department 2700 NW 87 Avenue Miami,Florida 33172 Office:305-499-8424 E-mail:raimundo.delgado@miamidade.gov • Page 881 of 1502