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2017-29844 Reso2017-29844 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE, WHICH WAS ISSUED AT THE MARCH 17, 2017 MEETING, AND RECOMMENDS THAT THE MAYOR AND CITY COMMISSION NOT APPROVE OR AUTHORIZE ANY COMMERCIAL BUSINESS CONCESSION AGREEMENT(S) FOR THE BARRY KUTUN BOAT RAMP. WHEREAS, the Barry Kutun Boat Ramp (the "Boat Ramp") at Maurice Gibb Memorial Park (the "Park") is a no -fee marine vessel launch facility with 11 trailer parking spaces, which the City has received numerous complaints for the commercial use of the Boat Ramp that conflicts with operators of motorized and non -motorized vessels; and WHEREAS, the Neighborhoods and Community Affairs Committee (NCAC) meeting on October 31, 2014, directed the Administration to research and assess options for regulating the use of the Boat Ramp; and WHEREAS, the Mayor and City Commission adopted Ordinance No. 2016-4022 on July 13, 2016 (Exhibit "B"), which amended the City's Code by prohibiting commercial transactions, activities or operations at the Boat Ramp and the Park, except for those commercial transactions, activities or operations authorized by a concession agreement; and WHEREAS, at the December 14, 2016 Commission Meeting, (6) six companies were placed on the agenda for approval of a concession agreement with the City for the commercial use of the Boat Ramp: 1. Duck Tours South Beach LLC. 2. Miami Land and Sea Pirate Adventure Inc. 3. South Beach Kayak, Inc. 4. Miami Jetski Exotics Rental Inc. 5. Hector's Watersports, Inc. 6. Miami Watersports LLC D.B.A. Miami Beach Paddleboard and Kayak Rentals; and WHEREAS, the Administration has made contact with the Belle Isle and Sunset Harbour Neighborhood Associations regarding these proposed concession agreements, and both Neighborhood Associations expressed their opposition to the commercial operations of the amphibious tours and jet skis at the Boat Ramp; and WHEREAS, the NCAC did hold a discussion of this matter at their March 17, 2017 meeting, and the Administration recommended that the Mayor and City Commission not approve any commercial concession agreements for the Boat Ramp, and to maintain the Boat Ramp as a non-commercial launch and retrieval point for Miami Beach residents and visitors; and WHEREAS, the NCAC heard from several speakers on this matter, and Commissioner Grieco made a motion to follow the recommendation of the Administration, which is consistent with the neighborhood association's position on this matter, recommending that the Mayor and City Commission not approve any concession agreement(s) at the Boat Ramp, which motion was seconded by Commissioner Rosen Gonzalez, and supported by the Committee members favorably. WHEREAS, the termination of those commercial business operations at the Barry Kutun Boat Ramp shall become effective 30 days from the Mayor and City Commission approval of the Neighborhood/Community Affairs Committee recommendation as set forth herein by this Resolution. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accepting the recommendation of the Neighborhood/Community Affairs Committee, which was issued at the March 17, 2017 meeting, and recommends that the mayor and city commission not approve or authorize any commercial business concession agreement(s) for the Barry Kutun Boat Ramp. PASSED and ADOPTED this 26th day of April, 2017. ATTEST: , Mayor ROVED AS TO RM & LANGUAGE OR EXECUTION Raja,IE`G,.nad 0\Ak 40 City Attorney �„ mate t7 MLM BEACH Resolutions - C7 COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L, Morales, City Manager DATE: April 26, 2017 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE, WHICH WAS ISSUED AT THE MARCH 17, 2017 MEETING, AND RECOMMENDS THAT THE MAYOR AND CITY COMMISSION NOT APPROVE OR AUTHORIZE ANY COMMERCIAL BUSINESS CONCESSION AGREEMENT(S) FOR THE BARRY KUTUN BOAT RAMP. RECOMMENDATION A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, accepting the recommendation of the Neighborhood/Community Affairs Committee, which was issued at the march 17, 2017 meeting, and recommends that the mayor and city commission not approve or authorize any commercial business concession agreement(s) for the Barry Kutun boat ramp, ANALYSIS The double lane boat ramp at Maurice Gibb Memorial Park (the Park) is a no -fee marine vessel launch facility, with 11 trailer parking spaces. Historically, the City has received numerous complaints concerning both the commercial use of the Barry Kutun Boat Ramp (the Boat Ramp) and conflicts between operators of motorized and non -motorized vessels. At the October 31, 2014 Neighborhoods and Community Affairs Committee (NCAC) meeting, the Committee directed Administration to research and assess options for regulating the use of the Boat Ramp. On January 30, 2015, John Rebar, Parks and Recreation Director, provided the NCAC with a presentation and discussion on the potential options to manage and improve marine activities at the Boat Ramp in the Park. Following the discussion, the NCAC recommended that the Mayor and City Commission direct the Administration to proceed with construction of a floating dock for non -motorized marine vessels at the Park, from which non -motorized vessels including, without limitation, kayaks, canoes, and paddle boards, may be launched, and to develop and implement a plan to control access to the Boat Ramp and to limit its use to City of Miami Beach residents for non-commercial uses only. On March 30, 2015, Commission accepted the recommendation from NCAC and adopted Page 685 of 1596 Resolution No. 2015-28957(Exhibit A), which authorizes the Administration to proceed with the construction of a floating dock for non -motorized marine vessels at Maurice Gibb Memorial Park, located at 18th street and Purdy Avenue, Miami Beach FL; establish a policy for commercial use of the boat ramp at the Park; and in consultation with the City Attorney's Office, to develop and implement a plan to limit access to the Boat Ramp. Following the direction provided by resolution, residents must register their tow vehicle through the Parking Department and only residential vehicles with boat trailers will be allowed to park in municipal parking lot P-45. The metered parking at the Park will remain available to residents and non-residents. The enforcement and regulation of these changes at the Boat Ramp will be made through the proposed Ordinance. On May 11, 2016, Commission passed the Ordinance on first reading, with direction to amend to include a provision for water taxis, permitting or licensing amphibious tours, and/or permitting with kayak renters. On July 13, 2016, the City Commission adopted Ordinance No. 2016-4022 (Exhibit B), which amended the section of the City's Code that prohibited commercial transactions, activities or operations at the Boat Ramp and the Park (Chapter 82). Said Ordinance amendment authorizes commercial transactions, activities or operations within public property, including the Boat Ramp and the Park, provided a concession agreement is authorized by the City Commission. As per Commission's request, Administration began to proactively contact the two amphibious tour companies and South Beach Kayak to enter into a Concession Agreement for use of the Boat Ramp at the Park. At the October 19, 2016 City Commission meeting, the three above mentioned concession agreements were placed on the Commission Meeting Agenda. Following the understood intent of the Commission's direction all other applicants were turned away by the Parks and Recreation Department. Commissioner Kristen Rosen Gonzalez placed a discussion item on the agenda to consider Miami Jetski Exotics Rentals, Inc.'s application for concession operation at the Boat Ramp. She explained to the Commission that the applicant should be given a concession permit in order to operate similar to the amphibious tours and kayaks. Vice - Mayor Michael Grieco mentioned that the Commission allowed for concession agreements pursuant to the passage of the Ordinance for amphibious tours and for kayaks. Vice -Mayor Grieco stated that he will only support extending concession agreement opportunities to jet ski operations in Sunset Harbor as long as they do it as tours. Direction was given to staff by acclamation to negotiate a tour based concession agreement with Miami Jetski Exotics to be brought to Commission for approval. Also, Resolution No. 2016-29617 (Exhibit C) was adopted directing the City Manager to place all future applications for commercial concession operations at the Boat Ramp on NCAC agendas for the Committee's consideration and recommendation. These applications were to be referred directly to NCAC, prior to the City's Commission consideration of such commercial concession operation(s) and related concession agreements. At the November 18, 2016 NCAC Meeting, a discussion was held to consider Hector's Watersports, Inc. and Miami Watersports LLC D.B.A. Miami Beach Paddleboard and Kayak Rental's applications for concession operations at the Boat Ramp located within the Park. The Committee did not vote on the item and moved the item to the December 2016 Commission Page 686 of 1596 Meeting for the Commission for consideration. At the December 14, 2016 Commission Meeting, the following (6) six companies were placed on the agenda to possibly file into a concession agreement with the City for use of the Boat Ramp: 1. Duck Tours South Beach LLC. 2. Miami Land and Sea Pirate Adventure Inc. 3. South Beach Kayak, Inc. 4. Miami Jetski Exotics Rental Inc. 5. Hector's Watersports, Inc. 6. Miami Watersports LLC D.B.A. Miami Beach Paddleboard and Kayak Rentals The items were referred to NCAC by acclamation in order for the committee to evaluate the regulations and the amount of companies and operations that may use the Boat Ramp. Meanwhile the businesses that are currently operating out of the Boat Ramp may continue operating on a month-to-month basis until the City finds a long-term solution. Concurrently City Commission approved a Water Taxi Pilot Program to operate out of the Boat Ramp. Following Water Taxi's experience during their Art Basel taxi service, Water Taxi has expressed serious concerns and opposition to commercial use of the Boat Ramp as it relates to their ability to provide safe and orderly service. In addition to the six applicants to utilize the Boat Ramp, there are numerous other entities engaging in unauthorized commercial activity. It is important to note that the intended regulation of this activity would have been achieved through the park ranger program. During the FY 2017 Budget Hearings, pursuant to direction from the City Commission at the April 13, 2016 City Commission meeting and Resolution No. 2016-29370 (Exhibit D), the Parks and Recreation Department requested a full-time Park Ranger during the day to prevent unauthorized commercial operations at the Boat Ramp. Two enhancement options that were presented were: 1. Park Rangers scheduled for 7 days a week for 12 hours a day, which resulted in the request of one (1) Full -Time Park Ranger and two (2) Part -Time Park Ranger positions. (Total: $128,328.30) 2, Park Rangers scheduled for Friday -Sunday from 11:30am-7:00pm, which resulted in the request of one (1) Part -Time Park Ranger position. (Total: $41, 776.10) Neither of the above requested FY 17 enhancements were approved to be funded. As we move forward, it is important to keep in mind that the Park is currently undergoing a master plan for redevelopment. Any approved commercial operations should be consistent with the vision of the "new park." NEIGHBORHOOD ASSOCIATION FEEDBACK Administration has been in communication with the Belle Isle and Sunset Harbour Neighborhood Associations for their feedback on the proposed concession agreements. Both Neighborhood Associations expressed their concerns and opposition to amphibious tours and jet skis at the Boat Ramp; and the area in general due to noise. The residents also both Page 687 of 1596 expressed that although they are opposed to motorized vessels, they do not have any issues with paddle boards and kayaks launching from the Boat Ramp until the non -motorized vessel dock is built. Administration has also been in contact with the jet ski operators and they dispute the allegation that the jet skis are the source of any noise. There is an active marina adjacent their condominiums. March 17. 2017 NCAC Meeting At the March 17, 2017 NCAC meeting administration recommended not engaging in any commercial use agreements for the Barry Kutun Boat Ramp, to maintain the Boat Ramp as a recreational launch and retrieval point for Miami Beach residents, and continue to allow paddle boarders and kayakers to utilize the ramp as a launch point until a non -motorized vessel launch is constructed; and for City staff to fully enforce Ordinance No. 2016-4022 effective 10 days after the adoption of the resolution by the full Commission. Some factors resulting in the recommendation are: • This is a community park, not a marina. • The idea of commercial use was thoroughly vetted and its prohibition was already adopted in Resolution No. 2015-28957. • The surrounding residents are adamantly against motorized commercial use and do not want the Park turning into a commercial marina. • The Park is undergoing a master plan for redevelopment to make Maurice Gibb Memorial Park an iconic waterfront community park. Commercialization is not consistent with the current vision for the Park. • Oversight of commercial use and the management of concession agreement would have an annual financial impact of approximately $128,328 for Park Rangers, not including any potential capital expenses. Captain Dan Kipnis spoke on behalf of the Marine and Waterfront Protection Authority. He read a letter from the board about commerical use. He agreed with John Rebar's recommendation. He says the board agrees that non -motorized vehicles are acceptable, not motorized. Also, they would like for the use to be kept to a minimum, The board also thinks there should be a park ranger. Representatives from Hector's Watersports and 1-95 Jetski Exotics spoke in support of the concesssion agreements for jetski tours. Representatives from the Sunset Harbour Neighborhood Association and surrounding residents spoke in opposton of all motorized commerical use including jetskis and amphibious tours. Committee discussion took place and Commissioner Grieco motioned to follow the recommendation of John Rebar, which is consistent with the neighborhood association regarding non -motorized commercial uses. Commissioner Rosen Gonzalez seconded. All were in favor. Page 688 of 1596 Leaislative Trackina Parks and Recreation ATTACHMENTS: Description o Exhibit A~ Resolution No. 2O15-28957 D Exhibit B`Ordinance 2O10 -4O22 o Exhibit Reno|uUon201S-28O17 D Exhibit D'Resolution 2O1G-2837O Page 689 of 1596 EXHIBIT A RESOLUTION NO. 2015-28957 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS JANUARY 30, 2015 MEETING, AND AUTHORIZING THE ADMINISTRATION TO PROCEED WITH THE CONSTRUCTION OF A FLOATING DOCK FOR NON -MOTORIZED MARINE VESSELS AT MAURICE GIBB PARK, LOCATED AT 18th STREET AND PURDY AVENUE, MIAMI BEACH, FLORIDA; ESTABLISH A POLICY FOR COMMERCIAL USE OF THE BOAT RAMP AT MAURICE GIBB PARK; AND, IN CONSULTATION WITH THE CITY ATTORNEY'S OFFICE, TO DEVELOP AND IMPLEMENT A PLAN TO LIMIT ACCESS TO THE BOAT RAMP. WHEREAS, public access to the double -lane boat ramp at Maurice Gibb Park is currently unrestricted and unregulated; and WHEREAS, currently, individuals who wish to launch non -motorized marine vessels, including kayaks, canoes, and paddleboards, are limited to launching from the boat ramp at Maurice Gibb Park and the non -motorized vessel ramp at Pinetree Park; and WHEREAS, the City has received complaints from City residents of conflicts between commercial and non-commercial operators of motorized and non -motorized vessels due to the lack of order relative to traffic in and out of the boat ramp at Maurice Gibb Park; and WHEREAS, in an effort to address the complaints of City residents, the Mayor and City Commission voted on October 22, 2014, to refer a discussion item to the Neighborhood/Community Affairs Committee ("NCAC"); and WHEREAS, at the October 31, 2014 NCAC meeting, the NCAC directed the Administration to research and assess options for regulating access to and the use of the boat ramp; and WHEREAS, at the December 19, 2014 NCAC meeting, the Administration provided a preliminary status report concerning possible solutions to improving the efficiency of traffic to and from the boat ramp; and WHEREAS, on January 30, 2015, John Rebar, Parks and Recreation Director, presented options to the NCAC to improve access for City residents to the boat ramp; and WHEREAS, based on the analysis conducted by City staff, and the input of the Miami Beach Marine Waterfront Protection Authority, the Administration recommended the following initial steps to the NCAC at its January 30, 2015 meeting: • Build a floating dock adjacent to Maurice Gibb Park from which non -motorized marine vessels may be launched; • Establish a policy for commercial use of the boat ramp; and • Develop and implement a plan, in coordination with the Parking Department, to limit access to the boat ramp, including electronic permitting and enforcement; and Page 690 of 1596 WHEREAS, the NCAC recommended that the Mayor and City Commission direct the Administration to proceed with construction of a floating dock for non -motorized marine vessels at Maurice Gibb Park, from which non -motorized vessels including, without limitation, kayaks, canoes, and paddleboards, may be launched, and to develop and implement a plan to control access to the boat ramp at Maurice Gibb Park and to limit its use to City of Miami Beach residents for non-commercial uses only. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Neighborhood/Community Affairs Committee at its January 30, 2015 meeting, and authorize the Administration to proceed with the construction of a floating dock for non -motorized marine vessels at Maurice Gibb Park, located at 18th Street and Purdy Avenue, Miami Beach, Florida, establish a policy for commercial use of the boat ramp at Maurice Gibb Park, and, in consultation with the City Attorney's Office, to develop and implement a plan to limit access to the boat ramp. PASSED and ADOPTED this /t day ofor'ciu , 2015, ATTEST: Rafael, Granado / Philip Levin City Clerk Mayor ccept NCAC Purr §mat Ramp Recommendations Reso.docx Page Al of 1596 APPROVED AS iO ORM & LANON WI AG City Attorney Dote COMMISSION ITEM SUMMARY Condensed Title: Accept the recommendation of the NCAC at its January 30, 2015 meeting and authorize the Administration to proceed with the design and construction of a floating dock for non -motorized vessels at Maurice Gibb Park, establish commercial use policy of the boat ramp and implement a plan to limit access. Key Intended Outcome Supported: Increase satisfaction with neighborhood character. Supporting Data (Surveys, Environmental Scan, etc Just under four out of five residents (77%) rated the quality of life In Miami Beach as excellent or good. Item Summary/Recommendation: The double lane boat ramp at Maurice Gibb Park is a no -fee marine vessel launch facility, with 11 trailer parking spaces, to which access is currently unrestricted, Historically, the City has received numerous complaints concerning both the commercial use of the boat ramp and conflicts between operators of motorized and non -motorized vessels, On January 30, 2015, Parks and Recreation Director, John Rebar, provided the NCAC with a presentation and discussion on the potential options to manage and improve marine activities at the boat ramp at Maurice Gibb Park, Following the discussion, the NCAC recommended that the Mayor and City Commission direct the Administration to proceed with construction of a floating dock for non -motorized marine vessels at Maurice Gibb Park, from which non -motorized vessels including, without limitation, kayaks, canoes, and paddleboards, may be launched, and to develop and implement a plan to control access to the boat ramp at Maurice Gibb Park and to limit its use to City of Miami Beach residents for non- commercial uses only. The Administration recommends the City Commission adopt the resolution to accept the recommendations of the NCAC. Advisory Board Recommendation: On January 30, 2015, the NCAC recommended Administration proceed with the construction of a non -motorized, floating dock to launch vessels such as kayaks, canoes, paddle boards, etc. and also recommended to pursue eliminating commercial use of the boat ramp and designate the boat ramp for Miami Beach resident use only. Financial Information: Source of Amount Account Funds: OBPI 1 2 3 Total Financial Impact Summary: City Clerk's Office Legislative Tracking: John Rebar Sign -Offs: D p rtment Dir tof' Assista ity Ma ger City Manager /John Rebar J. Mark Taxi / J'i my L. Morales T;\AGENDA\2015\Mlarch\Parks and ReoreationV\ccept NCAC Purdy Boat Ramp Recommendations Smmary FINAL.docx MIAMIBEACH Page 692 of 1596 AGENDA ITEM R-1 K DATE 3 -IHS- C-4- MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfhgov COM SSION MEMORANDUM TO: Mayor Philip Levine and Members of e City Co V ission FROM: Jimmy L. Morales, City Manager DATE: March 11, 2015 SUBJECT: A RESOLUTION OF THE MAYOR IC D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEP ING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY A AIRS COMMITTEE AT ITS JANUARY 30, 2015 MEETING, AND AUTHORIZING THE ADMINISTRATION TO PROCEED WITH THE CONSTRUCTION OF A FLOATING DOCK FOR NON - MOTORIZED MARINE VESSELS AT MAURICE GIBB PARK, LOCATED AT 18th STREET AND PURDY AVENUE, MIAMI BEACH, FLORIDA; ESTABLISH A POLICY FOR COMMERCIAL USE OF THE BOAT RAMP AT MAURICE GIBB PARK; AND, IN CONSULTATION WITH THE CITY ATTORNEY'S OFFICE, TO DEVELOP AND IMPLEMENT A PLAN TO LIMIT ACCESS TO THE BOAT RAMP. BACKGROUND The double lane boat ramp at Maurice Gibb Park is a no -fee marine vessel launch facility, with 11 trailer parking spaces, to which access is currently unrestricted. Historically, the City has received numerous complaints concerning both the commercial use of the boat ramp and conflicts between operators of motorized and non -motorized vessels. The following are some complaints received by the City: • Commercial operations, such as tour vehicles/vessels, often fail to observe the no -wake zone launch requirements. • Commercial tour boats damage the City's ramp, docks, and facilities. • Small dinghies utilized by sailboats and other small vessels remain tied up to the docks for hours and/or days at a time. • Conflicts impacting life safety occur between operators of small non -motorized vessels and larger motorized vessels. The City's Police Marine Patrol officers located on-site are not always available to resolve issues and conflicts relating to traffic in and out of the boat ramp, because the Marine Patrol is charged with patrolling all of the City's waterways. At the request of Commissioner Grieco, a discussion item concerning the complaints about the boat ramp was referred to the Neighborhood/Community Affairs Committee (NCAC), This item was discussed at the October 31, 2014 NCAC meeting and the Committee directed the Administration to research and assess options for regulating the use of the boat ramp. A status report was provided at the December 19, 2015 NCAC meeting concerning possible options. Staff was directed to return in January with a plan. Page 693 of 1596 City Commission Memorandum —Accept NCAC Purdy Boat Ramp Non -Motorized and Residential -Only Use March 11, 2015 Page 2 of 2 On January 30, 2015, Parks and Recreation Director, John Rebar, provided the NCAC with a presentation and discussion on the potential options to manage and improve marine activities at the boat ramp at Maurice Gibb Park. First Steps • Build a floating dock adjacent to Maurice Gibb Park from which non -motorized marine vessels may be launched; • Establish a policy for commercial use of the boat ramp; and • Develop and implement a plan, in coordination with the Parking Department, to limit. access to the boat ramp, including electronic permitting and enforcement. Future Considerations • Pursue a Request for Proposals (RFP) for a larger -scoped operation; • Potential mooring fields to replace the unregulated anchorages; • Converting some of the seawall to a marina with dockage/slips;. • Dingy dockage to accommodate transient boaters; • Transient boater amenities (Le. shower, etc,); and • Regulation of overboard discharge from anchored vessels, and/or provision of pump out facilities for both transient and trailered boats. Following the discussion, the NCAC recommended that the Mayor and City Commission direct the Administration to proceed with construction of a floating dock for non -motorized marine vessels at Maurice Gibb Park, from which non -motorized vessels including, without limitation, kayaks, canoes, and paddleboards, may be launched, and to develop and implement a plan to control access to the boat ramp at Maurice Gibb Park and to limit its use to City of Miami Beach residents for non-commercial uses only. CONCLUSION The Administration recommends that the City Commission accept the recommendation of the NCAC at its January 30, 2015 meeting and authorize the Administration to proceed with the construction of a floating dock for non -motorized marine vessels at Maurice Gibb Park, establish a policy for commercial use of the boat ramp at Maurice Gibb Park, and, in consultation with the City Attorney's Office, to develop and implement a plan to limit access to the boat ramp. JLM/JMT/ T:\AGENDA\2015\March\Parks and Recreation\Accept NCAC Purdy Boat Ramp Recommendations Memo FINAL.docx Page 694 of 1596 EXHIBIT B ORDINANCE NO. 2016-4022 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL"; BY AMENDING SECTION 82.1, ENTITLED "CONDUCTING BUSINESS ON STREETS, PARKS OR OTHER PUBLIC PROPERTY; ENFORCEMENT; PENALTIES; UNPAID FINES TO CONSTITUTE LIENS," BY CREATING SUBSECTION (B) WHICH EXPRESSLY PROHIBITS COMMERCIAL TRANSACTIONS, ACTIVITIES OR OPERATIONS AT ANY PARK, BOAT RAMP, BEACH, STRUCTURE BUILDING OR OTHER PROPERTY OR PLACE OWNED, MAINTAINED OR OPERATED BY THE CITY; BY PROHIBITING ANY PORTION OF THE COMMERCIAL TRANSACTION, ACTIVITY OR OPERATION TO DIRECTLY OR INDIRECTLY OCCUR AT ANY PARK, BOAT RAMP, BEACH, STRUCTURE BUILDING OR OTHER PROPERTY OR PLACE OWNED, MAINTAINED OR OPERATED BY THE CITY; BY MODIFYING SUBSECTION (C), WHICH AMENDS THE EXISTING EXEMPTION AUTHORITY OF THE CITY MANAGER FOR THE RENDERING OF SERVICE TO THE PUBLIC; AND CREATING AN ADDITIONAL EXEMPTION TO THE PROHIBITIONS SET FORTH IN SECTION 82- 1(A) AND (B), THAT WOULD REQUIRE THE CITY COMMISSION TO APPROVE A CONCESSION AGREEMENT AUTHORIZING COMMERCIAL ACTIVITIES OR OPERATIONS; AND BY CREATING SUBSECTION (D), WHICH IS A NEW ENFORCEMENT AND PENALTY PROVISION FOR VIOLATIONS, LIMITING THE AUTHORITY OF THE SPECIAL MASTER, AND INCREASING THE MONETARY FINES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission recognize the importance of the City's public property t� the residents and visitors of the City of Miami Beach; and WHEREAS, the City prohibits commercial transactions, activities or operations, unless expressly authorized by the City Manager upon its public property, or pursuant to a concession agreement, that is approved by the City Commission; and WHEREAS, illegal and unauthorized commercial transactions, activities and operations upon City property, creates a dangerous and hazard situation, which is a direct threat to the residents and visitors of the City for potential unscrupulous conduct; and WHEREAS, the City is legally obligated to ensure the health, safety and welfare of its residents and visitors who utilize its public facilities, and illegal commercial transactions, activities and operations unnecessarily exposes the City to unwarranted potential liability; and WHEREAS, the Mayor and City Commission affirmatively acknowledge that commercial transactions, activities or operations must be prohibited at the City's parks, boat ramp(s), beach, structures, building or other property or place owned and maintained or operated by the City, unless expressly authorized by the City Manager or the City Commission. Page 695 of 1596 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 82-1 of Article I of Chapter 82 of the Code of the City Miami Beach is hereby amended as follows: CHAPTER 82 PUBLIC PROPERTY ARTICLE I. In General. * * * Sec. 82-1. Conducting business on streets, parks or other public property; enforcement; penalties; unpaid fines to constitute liens. (a) Prohibit14ns- It shall be unlawful for any person, while in or on any public street, avenue or alley, or any park, beach, structure, building or other property or place owned, maintained or operated by the city for public use, to sell, rent or offer for sale or rent to the public any article, commodity or service of any nature whatsoever, other than newspapers of general circulation duly entered in the United States Postal Service. Lbj It shall be unlawful for anv commercial business of prrfp, establishment. entity., organization or company that sells, or rents merchandise, products, goods or services, or engages in any service that sells or rents merchandise, products or goods, including those commercial operators that transport passengers. arrolited from conducting anv portion of the commercial transaction, activity or operation at anv paw Arial-P-aric. boat ,fang. beach. structure. buildino or other property or place owrid, maintained pr operated by the City. A commercial transaction, activity or operation will be deemed to have occurred : __ i—Park--if anv direct, indirect, or incidental portion of the commercial transaction, activity or operation takes place at tho Maurice Cid Msr re or uses. a City park, bo..at_.r_a.mi te9ch• structure, building or other orooerjv or Place owned. maintained or operated by the City.. (including the Barry Kutun Boat Ramp that is located wit in the_Matarice Glbb Memorial Park .J._ ((c) Exemptions. This section shall not apply to: (1) Employees of the city acting fort and on behalf oft the city, or to persons as specifically authorized by the City. Mana er ., or .(2.). to pEersons waeifieftily authorized to render service to the public in any place above- deseribed set forth in subsection (a) and (b), by the City Manager, orovjded the rendej-erj service is a corrimor ial outdoor fee based activity that has minirpal impactlo the City's public prorlerty; or commercial hwsjness operator, establiishmeni, entity. oroanizatipn or company is aujhorjzed to render service to the Public nnira.Qaut )o a concession BDrt;Prnwit approved by the City Commission. 2 Page 696 of 1596 (.4)( Persons participating in any art show or exhibit held on all city properties under the specific authorization of the city commission and who are exhibiting paintings or objects of art produced or created by such persons. E—nforceme t p - -I - ; .. . - - - et- of this section chaII Penalties and enforcement. c following procedures: (1) A violation of this Section shall be subject to the following fines: a. If the violation is the first offense, a person or business shall receive a civil fine of $250.00: b, If the violation is the second violation within the preceding six months, a person or business shall receive a civil fine of $500,00; c. If the violation is the third violation within the preceding six months, a person or business shall receive a civil fine of $1,000.00: and d. If the violation is the fourth or subseouent violation within the preceding six months, a person or business shall receive a civil fine of $2.000.00. 12) Enforcement. The Miami Beach police dDepartment, Of the Code Compliance Department_ or the Parks and Recreation Department shall enforce this section. This shall not preclude other law enforcement agencies from any action to assure compliance with this section and all applicable laws. If a violation of this section is observed. the enforcement officer will be authorized to issue a notice of violation. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator is liable. instructions and due date for paving the fine, that the violation may be appealed by requesting an administrative hearing before a special master within ten (10' days after service of the notice of violation. and that the failure to appeal the violation within ten (10) days of service shall constitute an admission of the violation and a waiver of the riaht to a hearinq. 3) Rights of violators: payment of fine: right to appear: failure to pay civil fine or to appeal: appeals from decisions of the special master. a. A violator who has been served with a notice of violation must elect to either: i_ pay the civil fine in the manner indicated on the notice of violation: or ii. request an administrative hearing before a special master to appeal the notice of violation, which must be requested within ten (10) days of the service of the notice of violation. 3 Page 697 of 1 596 b. The procedures for appeal by administrative hearina of the notice of violation shall be as set forth in sections 30-72 and 30-73 of this Code. Applications for hearings must be accompanied by a fee as approved by a resolution of the city commission, which shall be refunded if the named violator prevails in the appeal. c. If the named violator. after issuance of the notice of violation, fails to pay the civil fine, or fails to timely request an administrative hearina before a special master, the special master may be informed of such failure by report from the Police officer, The failure of the named violator to appeal the decision of the Police officer within the prescribed time period shall constitute a waiver of the violator's richt to an administrative hearina before the special master, and shall be treated as an admission of the violation, for which fines and penalties shall be assessed accordingly, d. A certified copy of an order imposina a fine may be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the violator, which may be enforced in the same manner as a court judgment by the sheriffs of this state. including levy against the violator's real or personal property, but shall not be deemed to be a court judament except for enforcement purposes. On or after the sixty-first (61st) day following the recordina of any such lien that remains unpaid. the City may foreclose or otherwise execute upon the lien. e. Any party aaarieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. f. The special master shall be prohibited from hearina the merits of the notice of violation or considerina the timeliness of a request for an administrative hearina if the violator has failed to request an administrative hearina within ten (10) days of the service of the notice of violation. g, The special master shall not have discretion to alter the penalties prescribed in subsection (d)(1). (1) If a code compliance officer finds a violation of this ch issue 3 notice of violation to the violator as provided in chapter 30. The notice shall inform the violeto - •- . - - . r, mount of fin may -be r�ie."-.leint may -be -appealed -by -re of the notice of violation, and that failure to do so shall c (2)--A w'elatsr-who has been served with a notice of vi a, Pay she-vil-th e -as follows; 4 Page 698 of 1596 (1) First offense: SWO-gi. Eii) Second offense: $100:00; (iii) Third and subsequent offenses: $250.00; or b---Reguen administrative hcoa = - • ! =. - - - - ial master appointed -ac provided in article II of chapter 30 to appeal the deeiso, i n -of -the code compliance -off' - .. - 'n -the --issuance of the notice -of violation; c. The cpeaicl ;neater shall not have discretion to alter the penalties prescribed -in subsection (c)(2)a. ne-or fails to timely request -an administrative hearing-beforepa2ial master, the sp e informed of such failu appeal the d f the right to an administrative hcarinc the I be tr ated as an enalties may be assessed accordingly, (1) Any party ache decision of the special master may appeal the decision in accordance -with -law: (5) The city may institute p payment of civil fines. (6)—A certified copy of an orde e-may-beJr ofded-in--the public -records and -thereafter shall constitute a lien upon any other real -or -personal property-ewnod by the violator and it may b ant j ricdiction to compel ' - e e meta -by -the sheriffs of this state, including levy against the personal property, but shall not be mein wnpo d, the city may foreclose or otherwise -execute upon the lien. administrative -hearing -shall --be ac set forth in sections 1042 321 end 102 385. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. 5 Page 699 of 1596 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten (10) days following adoption, PASSED AND ADOPTED this /3 day of �%y/_f , 2016 ATTEST: i i % 7/Li )1 �° y✓�t� Rafael IT. Granado,/City'Clerk .," Underline denotes additions * IN'''' ' ORAT, Strikethreugh denotes deletions , Double underline denotes additio Offer Fir ti ',pading' denotes del jarjr$fter,F�irs't Rdiri' �z,/26.`„ (Sponsored by Commissioner Michael Grieco) , APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 6 Page 700 of 1596 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeochil.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members pf the City ommission FROM: Jimmy L. Morales, City Manager DATE: July 13, 2016 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL"; BY AMENDING SECTION 82-1, ENTITLED "CONDUCTING BUSINESS ON STREETS, PARKS OR OTHER PUBLIC PROPERTY; ENFORCEMENT; PENALTIES; UNPAID FINES TO CONSTITUTE LIENS," BY CREATING SUBSECTION (B) WHICH EXPRESSLY PROHIBITS COMMERCIAL TRANSACTIONS, ACTIVITIES OR OPERATIONS AT ANY PARK, BOAT RAMP, BEACH, STRUCTURE BUILDING OR OTHER PROPERTY OR PLACE OWNED, MAINTAINED OR OPERATED BY THE CITY; BY PROHIBITING ANY PORTION OF THE COMMERCIAL TRANSACTION, ACTIVITY OR OPERATION TO DIRECTLY OR INDIRECTLY OCCUR AT ANY PARK, BOAT RAMP, BEACH, STRUCTURE BUILDING OR OTHER PROPERTY OR PLACE OWNED, MAINTAINED OR OPERATED BY THE CITY; BY MODIFYING SUBSECTION (C), WHICH AMENDS THE EXISTING EXEMPTION AUTHORITY OF THE CITY MANAGER FOR THE RENDERING OF SERVICE TO THE PUBLIC; AND CREATING AN ADDITIONAL EXEMPTION TO THE PROHIBITIONS SET FORTH IN SECTION 82-1(A) AND (B), THAT WOULD REQUIRE THE CITY COMMISSION TO APPROVE A CONCESSION AGREEMENT AUTHORIZING COMMERCIAL ACTIVITIES OR OPERATIONS; AND BY CREATING SUBSECTION (D), WHICH IS A NEW ENFORCEMENT AND PENALTY PROVISION FOR VIOLATIONS, LIMITING THE AUTHORITY OF THE SPECIAL MASTER, AND INCREASING THE MONETARY FINES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. BACKGROUND The double lane boat ramp at Maurice Gibb Memorial Park is a no -fee marine vessel launch facility, with 11 trailer parking spaces, to which access is currently unrestricted. Historically, the City has received numerous complaints concerning both the commercial use of the Barry Kutun Boat Ramp and conflicts between operators of motorized and non -motorized vessels, such as: • Commercial operations, like tour vehicles/vessels, often fail to observe the no - wake zone. • Safety issues occur between operators of small non -motorized vessels and larger motorized vessels. Page 701 of 1596 1A Agenda Item Date 7-1 3- At the October 31, 2014 Neighborhoods and Community Affairs Committee (NCAC) meeting, the Committee directed Administration to research and assess options for regulating the use of the Barry Kutun Boat Ramp. On January 30, 2015, Administration and members of the NCAC discussed potential options to manage and improve marine activities on the boat ramp at Maurice Gibb Memorial Park. Following the discussion, the committee recommended the Mayor and City Commission to direct Administration to proceed with construction of a floating dock for non -motorized marine vessels at Maurice Gibb Memorial Park, from which non - motorized vessels including, without limitation, kayaks, canoes, and paddleboards, may be launched, and to develop and implement a plan to control access to the boat ramp at Maurice Gibb Memorial Park by limiting its use to City of Miami Beach residents for non- commercial purposes only. On March 30, 2015, Commission accepted the recommendation from NCAC and adopt Resolution No. 2015-28957, which authorizes the Administration to proceed with the construction of a floating dock for non -motorized marine vessels at Maurice Gibb Memorial Park, located at 18th street and Purdy Avenue, Miami Beach FL; establish a policy for commercial use of the Barry Kutun Boat Ramp at Maurice Gibb Memorial Park, and in consultation with the City Attorney's Office, to develop and implement a plan to limit access to the boat ramp. Following the direction provided by resolution, residents must now register their tow vehicle through the Parking Department and only residential vehicles with boat trailers will be allowed to park in municipal parking lot P-45. The metered parking at Maurice Gibb Memorial Park will remain available to residents and non-residents (as illustrated in Exhibit A). The enforcement and regulation of these changes at the Barry Kutun Boat Ramp will be made through the proposed ordinance. On May 11, 2016, Commission adopted the ordinance on first reading, with direction to amend to include a provision for water taxis, permitting or licensing amphibian tours, and/or permitting with kayak renters. CONCLUSION The Administration recommends the City Commission to adopt the amended ordinance on second reading. Attachments Exhibit A — Maurice Gibb Memorial Park Access Regulation JLM/EC/ R fL Page 702 of 1596 2 pale 704 of 1596 EXHIBIT C RESOLUTION NO. 2016-29617 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY MANAGER TO PLACE ALL FUTURE APPLICATIONS FOR COMMERCIAL CONCESSION OPERATIONS AT THE BARRY KUTUN BOAT RAMP ON A NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AGENDA FOR THE COMMITTEE'S CONSIDERATION AND RECOMMENDATION PRIOR TO THE CITY COMMISSION'S CONSIDERATION OF SUCH COMMERCIAL CONCESSION OPERATIONS AND RELATED CONCESSION AGREEMENTS. WHEREAS, at its October 19, 2016 regular meeting, the City Commission discussed applications for commercial concession operations at the Barry Kutun public boat ramp in conjunction with discussion item R9 AL; and WHEREAS, following its discussion of the item, the City Commission directed that all future applications for commercial concession operations at the Barry Kutun public boat ramp be submitted to the Neighborhood/Community Affairs Committee (NCAC) for its recommendation prior to the City Commission's consideration of the commercial concession operations and related concession agreements; and WHEREAS, in order for the NCAC to consider and provide a recommendation to the City Commission, the City Manager should place all future applications for commercial concession operations at the Barry Kutun public boat ramp on an NCAC agenda prior to the City Commission's consideration of such commercial concession operations and related concession agreements. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby direct the City Manager to place all future applications for commercial concession operations at the Barry Kutun public boat ramp on a Neighborhood/Community Affairs Committee agenda for the Committee's consideration and recommendation prior to the City Commission's consideration of such commercial concession operations and related concession agreements. PASSED AND ADOPTED this 19th day of October, 2016. ATTEST: ...•������r�rPhilip L'.-`eMayor rr LI ; 2.t- .7 Rafael E. Granado, ity Cler s 04 F;\ATTO\TURN\RESOS\NCAC REVIEW BOA' ;i'1%,� IIA, APPROVED AS TO FORM & LANGUAGE & FOR (EXECUTION City Attorney - Date SSIONS RESO 2016.doc Exhibit D RESOLUTION NO, 2016-29370 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD AND COMMUNITY AFFAIRS COMMITTEE (NCAC) AND APPROVING, IN CONCEPT, A PILOT PROGRAM FOR WATER TAXI SERVICES AT THE PURDY AVENUE DOCK; AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH WATER TAXI MIAMI, INC. FOR THE PILOT PROGRAM, PURSUANT TO INVITATION TO NEGOTIATE (ITN) 2014 -326 - JR FOR A PUBLIC WATERBORNE TRANSPORTATION CONCESSION; SAID AGREEMENT HAVING A TERM OF ONE YEAR, BASED UPON THE ESSENTIAL TERMS SET FORTH IN THIS RESOLUTION; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE FINAL NEGOTIATED AGREEMENT. WHEREAS, on November 19, 2014, the City Commission adopted Resolution 2014-28847 authorizing the Administration to negotiate with Island Queen Cruises/Water Taxi Miami Inc. (Concessionaire) for a Public Waterborne Transportation Concession at several locations throughout the City pursuant to Invitation To Negotiate (ITN) 2014 -326 -JR; and WHEREAS, on January 29, 2015, the Administration held a negotiations meeting including staff from pertinent City departments, including Transportation, Procurement, Legal, and Tourism as well as representatives of the Concessionaire; and WHEREAS, the initial discussions were held regarding locations, proposed plan of action and desired outcome as well as the City's intent to provide low cost service comparable to existing transit services for commuters and residents of Miami Beach; and WHEREAS, during subsequent negotiation meetings, the Concessionaire expressed some concerns with starting operation during 2015 due to construction of the west Venetian Causeway bridge; and WHEREAS, the closure of the bridge represented an impact to the Concessionaire's proposed headways and a burden to the commuters who would have to travel nearly one hour to go from Bayside to Sunset Harbour; and WHEREAS, on November 3, 2015, the Administration held a follow-up negotiations meeting with the Concessionaire where draft terms prepared by the City based on existing Agreements for Waterborne Transportation Concessions (water taxi service) by other public agencies within the State of Florida were discussed; and WHEREAS, the Concessionaire requested to perform a pilot program during Art Basel 2015 prior to accepting the terms in the proposed draft terms due to the Concessionaire's concerns regarding potential ridership, adherence to schedule, and potential operational issues associated with a permanent service; and WHEREAS, on December 2, 2015, the City of Miami Beach executed a Temporary Letter Agreement with Water Taxi Miami, for the operation of a waterborne concession service pilot program during Art Basel 2015 from December 3 to December 6, 2015, which allowed the Concessionaire to operate a water taxi service on an hourly basis between the hours of 11:00 AM and 11:00 PM from/to Sea Isle Marina (near Omni Transit Station) in the City of Miami to/from Purdy Avenue Dock in the City of Miami Beach, while being manned by Concessionaire during the hours of operation; and WHEREAS, on January 25, 2016, the Concessionaire met with City staff and advised that based upon the limited demand for water taxi services during the Art Basel event, Concessionaire could not proceed with the obligation to fund the construction of a permanent dock, and instead proposed a pilot Page 706 of 1596 program for special events and the start of water taxi services on a limited basis in order to advertise the service and allow for a ramp -up period for a commuter service between the City and the mainland; and WHEREAS, on February '9, 2016, the City of Miami Beach issued a special event permit to the permittee of the Yacht Show for the operation of a water taxi service pilot program during Yacht Show 2016, from February 11 to February 15, 2016, which allowed the Concessionaire to operate a frequent water taxi service between the hours of 8:00 AM and 10:00 PM from/to Bayside in the City of Miami to/from Purdy Avenue Dock in the City of Miami Beach free of charge for the riders; and WHEREAS, during the Yacht Show, the Permittee was required to pay a City dock fee to cover the cost of a dedicated dock master, who was retained by the City to ensure the legal, organized, and safe operation of water taxi service by Water Taxi Miami at the Purdy Avenue Dock; and WHEREAS, on March 11, 2016, the NCAC recommended that the Administration submit the conceptual plan of a pilot program for water taxi service at the Purdy Avenue Dock with more specific details for consideration and direction by the full City Commission meeting; and WHEREAS, in connection with allowing this limited commercial use of the dock for a pilot program for water taxi services, the Administration recommends considering the current uses at the Purdy Dock and boat ramp, including enforcement action for continued violations of prohibited commercial uses; and WHEREAS, the ITN required the Concessionaire to provide water taxi services and to provide the docking facilities; however, based upon the concerns expressed by the Concessionaire, the Administration recommends that the City take responsibility for the construction of the docking facilities and include said project cost as a submittal in the fiscal year 2016-2017 proposed capital budget; and WHEREAS, the Administration recommends that the Mayor and City Commission approve and authorize a one year pilot program, based upon the following essential terms: A. Route: servicing Purdy Avenue Dock as part of the current water taxi route (Bayside Marketplace -Miami Beach Marina -Sea Isle Marina -Bayside Marketplace); B. Operation: weekend operation (Friday to Sunday) at the Purdy Avenue dock, using a 38 passenger vessel with the ability to accommodate bicycles; C. Hours of Operation: 11:30 AM to 7:00 PM (summer time) with the ability to extend the hours of operation from 7:30 AM to 11:30 PM once demand warrants; proposed frequency of service is 90 minutes; D. Fares: children under 1 year of age: no charge; adults/children over 1 year of age: $15-$30 for one way/round trip; City of Miami Beach residents, senior citizens and military service members $10-$20; a monthly pass: $95; and an annual pass: $295; E. Dock Master: Concessionaire committed to providing the water taxi attendant at the Purdy Dock during hours of operation to assist water taxi passengers to and from the Purdy Dock; and F. Fee to City: Concessionaire shall pay a surcharge per ticket sold that would help fund a City dock master, with the following surcharges: $0.75 for tickets $1.00-$14.99; $1.00 for tickets $15.00$29.99, and $2.00 for tickets $30.00 and up. WHEREAS, at the April 13, 2016 City Commission meeting, the Mayor and City Commission approved, in concept, a pilot program for water taxi services and authorized the Administration to negotiate a one year agreement, based upon the essential terms set forth in this Resolution, with the following amendments: 1) the agreement must include a termination (for cause) clause with a notice and cure provision; 2) any expansion of operations based upon demand must be preapproved by the City Commission; 3) the City is directed to explore all funding options in connection with the construction of a dock which addresses the needs of motorized and non -motorized vessels; and 4) the City shall retain a full-time employee during the day to prevent unauthorized commercial operations at the Purdy Dock. Page 707 of 1596 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Neighborhood and Community Affairs Committee (NCAC) and approve, in concept, a pilot program for water taxi services at the Purdy Avenue dock; authorize the Administration to negotiate an agreement with Water Taxi Miami, Inc. for the pilot program, pursuant to Invitation to Negotiate (ITN) 2014 -326 -JR for a Public Waterborne Transportation Concession; said agreement having a term of one year, based upon the essential terms set forth in this Resolution; and further authorize the City Manager to execute the final negotiated agreement. PASSED AND ADOPTED THIS (3 DAY OF Af$ 1 2016. ATTEST: RAFA E. GRAFIAD T\AGENDA\2016tAprll\Tr• r olte ioti\Res Pilot Program Reso GNT i.� INCORP ORATED CH 2b PHILIP %" ' MAYOR endation from the NCAC Conceptually Approving the Water Taxi Page 708 of 1596 APPROVED AS,TO FORM & LANGUAGE & FOP E)4EGUTlON CS"; f3 ItU4 Gity Attorney ✓ r► f Dote COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD AND COMMUNITY AFFAIRS COMMITTEE (NCAC) CONCEPTUALLY APPROVING THE WATER TAXI PILOT PROGRAM FOR A TERM OF ONE YEAR FROM PURDY AVENUE DOCK Key Intended Outcome Supported: Ensure Comprehensive Mobility Addressing All Modes Throughout The City 1 Supporting Data (Surveys, Environmental Scan, etc): N/A Item Summary: • On November 19, 2014, the City Commission adopted Resolution 2014-28847 authorizing the Administration to negotiate with Island Queen Cruises/Water Taxi Miami Inc. (Concessionaire) for a Public Waterborne Transportation Concession at several locations throughout the City pursuant to Invitation To Negotiate (ITN) 2014 -326 -JR. The City has been in negotiations since that time but these negotiations were impacted by the construction of the west Venetian Causeway bridge which resulted in the east bridge being in lock down. In the interim, the Concessionaire requested to operate a pilot program during Art Basel 2015 prior to accepting the terms, and on, December 2, 2015, the City of Miami Beach executed a Temporary Letter Agreement with Water Taxi Miami for the operation of a waterborne concession service pilot program during Art Basel 2015. During the Art Basel 2015 Pilot, City staff noted that the Purdy Boat Ramp was used mainly by an aquatic Uber service which was provided in partnership with the Concessionaire. The service plan and vessels used were not approved as part of the Temporary Agreement and as such are considered to have operated without permission. On February 9, 2016, the City of Miami Beach issued a special event permit to the Yacht Show for the operation of a water taxi service pilot program during Yacht Show 2016. The permittee was required to pay the City dock fee and the water taxi service was free -of -charge. 6000 passengers used this service to/from the Purdy Avenue Dock. In the City's Invitation To Negotiate for Waterborne Transportation Services, the City required the Concessionaire to provide docking facilities, Based on a review of other similar water taxi operations, it is recommended that the City take responsibility for the construction of the dock and include as a submittal in the FY16/17 proposed capital budget. In the interim, itis recommended that the City authorize a one year pilot program comprised of the following: Servicing Purdy Avenue Dock as part of the current water taxi route (Bayside Marketplace -Miami Beach Marina -Sea Isle Marina -Bayside Marketplace); weekend operation (Friday to Sunday) using a 38 passenger vessel with ability to accommodate bicycles; hours of operation at Purdy Avenue Dock would be 11:30 AM to 7:00 PM (summer hours) with the ability to extend from 7:30 AM to 11:30 PM once demand warrants; proposed frequency of service is 90 minutes; proposed fares are for children under 1: no charge; for adults/children over 1: $15-$30 for one way/round trip with $10-$20 reduced fare for residents, senior citizens and military; monthly pass: $95; annual pass: $295. As a separate but related issue, the Commission has previously discussed concerns with regards to the current uses at the Purdy dock and boat ramp. In connection with allowing this limited commercial use of the dock for a pilot program for water taxi services, it is recommended that the City enforce violations of prohibited commercial uses. The Concessionaire committed to providing the water taxi attendant at Purdy dock during hours of operation which will assist water taxi passengers to and from the dock, Additionally, the Concessionaire offered to pay surcharge per each sold ticket that would help fund City dock master needed to ensure safe operation and eradicate/minimize prohibited commercial uses of the dock. The surcharge proposed by the Concessionaire would be $0.75 for tickets $1.00-$14.99; $1,00 for tickets $15.00-$29.99, and $2.00 for tickets $30.00 and up. As an alternative to the pilot program, the City may wish to wait for the funding and construction of the proposed Purdy Avenue Dock and kayak launch and issue a new solicitation for a larger ferry type vessel, Advisory Board Recommendation: At the Neighborhood/Community Affairs Committee (NCAC) meeting on March 11, 2016, the Committee discussed this item and passed a motion to approve a limited service pilot program on a conceptual level with the specifics to be addressed at the April Citv Commission meeting. Financial Information: Source of Funds: 1 Amount Account 1 I Total 1 1 Financial Impact Summary: N/A 1 City Clerk's Office Legislative Tracking: 1 Jose R, Gonzalez, P.E. Sign -Offs: 1 Department Director JRG Assistant Ci uManager City M la KGBi t JLM jai dation from the NCAC Conceptually Ap . ro !rig the Water Taxi i T:AGENDA\2016Apr111Transportation\Reso Accepting the Recomm Pilot Program for a term of one year-SUM.doc M I AM I B EAC H Page 709 of 1596 AGENDA. ITEM MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City FROM: Jimmy L. Morales, City Manager DATE: April 13, 2016 SUBJECT: A RESOLUTION OF THE MAYORAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD AND COMMUNITY AFFAIRS COMMITTEE (NCAC) CONCEPTUALLY APPROVING THE WATER TAXI PILOT PROGRAM FOR A TERM OF ONE YEAR FROM PURDY AVENUE DOCK At its March 11, 2016 meeting, the Neighborhood/Community Affairs Committee discussed this item and passed a motion to approve a limited service pilot program on a conceptual level with the specifics to be addressed at the April City Commission meeting. BACKGROUND On November 19, 2014, the City Commission adopted Resolution 2014-28847 authorizing the Administration to negotiate with Island Queen Cruises/Water Taxi Miami Inc. (Concessionaire) for a Public Waterborne Transportation Concession at several locations throughout the City pursuant to Invitation To Negotiate (ITN) 2014 -326 -JR. The construction of the west Venetian Causeway Bridge by Miami -Dade County created an operational issue that would disrupt the logistics of service. The easternmost bridge was to remain closed during the entire life of the project in order to provide the residents of the Venetian Isles with emergency vehicle accessibility at all times. The closure of the bridge represented an impact to the Concessionaire's proposed headways and a burden to the commuters who would have to travel nearly one hour to go from Bayside to Sunset Harbour. In the interim the Concessionaire requested to operate a pilot program during Art Basel 2015 prior to accepting the terms for permanent service. The reason for the request was clue to the Concessionaire's concerns regarding potential ridership, adherence to schedule, and potential operational issues associated with a permanent service. Art Basel Pilot Proaram On December 2, 2015, the City of Miami Beach executed a Temporary Letter Agreement with Water Taxi Miami for the operation of a waterborne concession service pilot program during Art Basel 2015 from December 3 to December 6, 2015. The Agreement allowed the Concessionaire to operate a water taxi service on an hourly basis between the hours of 11:00 AM and 11:00 PM from/to Sea Isle Marina (near Omni Transit Station) in the City of Miami to/from Purdy Avenue Dock in the City of Miami Beach. Vessels were allowed to operate from one of the existing docks at the Purdy Boat Ramp and the Concessionaire was required to have a dedicated dock master stationed at the dock to monitor the operation, collect ridership data, and collect information on potential operational conflicts, Page 710 of 1596 A Resolution Accepting Recommendation of the NCAC Conceptually Approving the Water Taxi Pilot Program for a Term of One Year from Purdy Avenue Dock April 13, 2016 Page 2 of 4 During the Art Basel 2015 Pilot, City staff noted that the Purdy Boat Ramp was used mainly by an aquatic Uber service which was provided in partnership with the Concessionaire. The service plan and vessels used were not approved as part of the Temporary Agreement and as such are considered to have operated in an unauthorized manner. The Uber service was observed to operate in the following manner: passengers alighted the Uber vessels at the Purdy Boat Dock, where a luxury Uber vehicle was awaiting for them to continue the trip to their final destination. Staff observed a high number of users of the Uber service. The Uber service had a cost of $35.00 for up to 5 passengers. No insurance was provided to the City by the Concessionaire for the Uber vessels. It was also observed that the Concessionaire was not operating the approved water taxi vessel at the headway/frequency agreed to for the pilot program and the vessel remained docked for extended periods, The City requested information regarding frequency of the Uber vessels to confirm observations; however, the Concessionaire stated that a confidentiality Agreement with Uber had been signed and could not share information with the City. The Concessionaire advised that only one (1) person used waterborne concession service pilot program and 365 passengers used Uber Boat service during the Art Basel pilot program. The Uber boat service seems to be well received by the community and was observed to be logistically effective. The Administration reached out to the Miami -Dade County's department in charge of For -Hire Transportation which has been handling the legalization of Uber in Miami -Dade County, The County staff advised that Water -Borne Transportation is currently not regulated by the County's For -Hire ordinance. The boats for -hire are regulated and enforced by the U.S. Coast Guard. After Art Basel, City staff met with the Concessionaire and discussed issues to be considered for long term water taxi service. One of the concerns expressed by the Concessionaire is the funding and permitting associated with construction of a permanent dock. On January 25, 2016, the Concessionaire met with City staff and advised that based upon the limited demand for water taxi services during the Art Basel event, Concessionaire could not proceed with the obligation to fund the construction of a permanent dock, and instead proposed a pilot program for special events and the start of water taxi services on a limited basis in order to advertise the service and allow for a ramp -up period for a commuter service between the City and the mainland. Yacht Show Pilot Program On February 9, 2016, the City of Miami Beach issued a special event permit to the Yacht Show for the operation of a water taxi service pilot program during Yacht Show 2016 from February 11 to February 15, 2016. The Agreement allowed the Concessionaire to operate a frequent water taxi service between the hours of 8:00 AM and 10:00 PM from/to Bayside in the City of Miami to/from Purdy Avenue Dock in the City of Miami Beach, Vessels were allowed to operate from one of the existing docks at the Purdy Boat Ramp and the Concessionaire was required to have a dedicated dock master stationed at the dock to ensure the legal, organized, and safe operation of water taxi service. The permittee was required to pay the City dock fee and the water taxi service was free -of -charge. The Concessionaire advised that 6,000 passengers were transported from/to Purdy dock during the Yacht Show pilot program. ANALYSIS In the City's Invitation To Negotiate for Waterborne Transportation Services, the City required the Concessionaire to provide docking facilities. The City received only one (1) proposal. The City reviewed other successful Water Taxi/Ferry operations. In most cases, the dock is provided by the public entity. The Blueways Master Plan recommended the construction of a dock/kayak launch at the Purdy Marina site. Based on a review of other similar water taxi operations, it is recommended that the City take responsibility for the construction of the dock and include as a submittal in the FY16/17 proposed Page 711 of 1596 A Resolution Accepting Recommendation of the NCAC Conceptually Approving the Water Taxi Pilot Program for a Term of One Year from Purdy Avenue Dock April 13, 2016 Page 3 of 4 capital budget. See Attachment 1 for the proposed design of Purdy Marina Water Taxi Dock and Kayak Launch. The estimated cost of an integrated water taxi dock/kayak launch facility is approximately $550,000 depending on site conditions both on land and underwater. In the interim, it is recommended that the City authorize a one year pilot program comprised of the following: • Servicing Purdy Avenue dock as part of the current water taxi route (Bayside Marketplace - Miami Beach Marina -Sea Isle Marina -Bayside Marketplace) o Weekend operation (Friday to Sunday) using a 38 passenger vessel with ability to accommodate bicycles o Hours of operation at Purdy Avenue dock would be 11:30 AM to 7:00 PM (summer hours) with the ability to extend from 7:30 AM to 11:30 PM once demand warrants o Proposed frequency of service: 90 minutes • Proposed fares o Children under 1: No charge o Adults/children over 1: $15-$30 for one way/round trip with $10-$20 reduced fare for residents, senior citizens and military o Monthly pass: $95 o Annual pass: $295 See Attachment 2 for the proposed location of operation of the pilot program. The City may also want to consider allowing on -demand service at the location. As a separate but related issue, the Commission has previously discussed concerns with regard to the current uses (commercial and non-commercial) at the Purdy Dock and boat ramp. In connection with allowing this limited commercial use of the dock for a pilot program for water taxi services, it is recommended that the City enforce violations of prohibited commercial uses. Similarly, the Marine and Waterfront Protection Authority (MWPA) passed a motion that reads as follows: "Until such time when new infrastructure is built or another safe alternative is found, we recommend deferring approval of the Public Waterborne Concession Services due to safety concerns, a lack of infrastructure, and user conflicts at Purdy Ramp." To improve operational safety and minimize illegal uses of the Purdy Dock, at March 11, 2016 NCAC meeting, the Administration recommended that the Concessionaire fund a dock master who would be hired by the City to ensure the Purdy Dock is only used by the Concessionaire. During subsequent meetings, the Concessionaire stated that it could not commit to funding City dock master due to low demand and financial impact. Nevertheless, the Concessionaire committed to providing a water taxi attendant at Purdy Dock during hours of water taxi operation to assist passengers to and from the dock. Additionally, the Concessionaire offered to pay the City a surcharge per ticket sold that would help fund a City dock master. The surcharge proposed by the Concessionaire would be $0.75 for tickets $1.00- $14.99; $1.00 for tickets $15.00-$29.99, and $2.00 for tickets $30.00 and up. An alternative to the pilot program, the City may wish to wait for the funding and construction of the proposed Purdy Avenue dock and kayak launch and issue a new solicitation for a larger ferry -type vessel. RECOMMENDATION The Administration recommends that the Mayor and City Commission accept the recommendation of the NCAC conceptually approving the water taxi pilot program for a term of one (1) year from the Purdy Avenue Dock. Additionally, the Administration recommends moving forward with the design, Page 712 of 1596 A Resolution Accepting Recommendation of the NCAC Conceptually Approving the Water Taxi Pilot Program for a Term of One Year from Purdy Avenue Dock April 13, 2016 Page 4 of 4 permitting, and construction of a permanent water taxi/kayak launch dock. The funding for the proposed dock has been included as a Fiscal Year 2016/17 capital budget request. The Administration will pursue grant funding opportunities for the construction of the proposed permanent water taxi/ferry dock, Attachments: 1. Proposed Design of Purdy Marina Water Taxi Dock and Kayak Launch 2. Proposed Location of Operation of the Pilot Program JLM/KGB/JRG/MM TIAGENDA\2016\April\Transportation\Reso Accepting the Recommendation from the NCAC to Conceptually approve the Water Taxi Pilot Program for a term of one year.doox Page 713 of 1596 GOwWW1 a. moo Page 714 of 1596 E 20 0 g tachmerrt 2: Proposed NOS.0442.,OtliitW4 4 A A filf+0,40 At:* VAriglonC4)4,110,41WV 1.4 Page 715 of 1596