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Resolution 2018-30357RESOLUTION NO. 2018 -30357 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 MAY 20, 2018 MEETING TO NAME THE 9TH STREET FITNESS AREA WITHIN LUMMUS PARK AS MUSCLE BEACH SOUTH BEACH AND, PURSUANT TO SECTION 82 -503 OF THE CITY CODE, SETTING A PUBLIC HEARING FOR JULY 25, 2018 TO CONSIDER THE NAMING, AND DIRECTING THE CITY CLERK TO PUBLISH THE APPROPRIATE PUBLIC NOTICE. WHEREAS, at the April 11, 2018 City Commission meeting, a discussion regarding the naming of the fitness area in Lummus Park was referred to the Neighborhood /Community Affairs Committee ("NCAC"); and WHEREAS, at the May 22, 2018 NCAC meeting, the Committee recommended the following names for the 9th Street fitness area in Lummus Park, and moved the discussion to the City Commission: • "Muscle Beach at Lummus Park" • "Muscle Beach at South Beach" • "Muscle Beach South Beach "; and WHEREAS, following the NCAC discussion, a review of trademarks revealed that there is currently a holder of a trademark for the name "Muscle Beach South Beach "; and WHEREAS due to the similarity of the names "Muscle Beach South Beach" and "Muscle Beach at South Beach," neither of these names is recommended unless permission is obtained from the holder of the "Muscle Beach South Beach" mark; and WHEREAS, pursuant to the City's existing policies and procedures for the naming of interior portion(s) of a public facility, proposals must be in compliance with the provisions set forth in Section 82- 503(b) of the City Code, which includes a referral to NCAC, a recommendation from NCAC, a public hearing by the City Commission, and a 5 /7ths vote of approval by the City Commission at the public hearing; and WHEREAS, the Mayor and City Commission wish to name the 9th Street fitness area within Lummus Park as Muscle Beach South Beach, subject to the City entering into an agreement with the holder of the "Muscle Beach South Beach" trademark which grants the City permission to use the mark. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Mayor and City Commission hereby accept the recommendation of the Neighborhood /Community Affairs Committee at its May 20, 2018 meeting to name the 9th Street fitness area within Lummus Park as Muscle Beach South Beach as set forth herein and, pursuant to Section 82 -503 of the City Code, hereby set a Public Hearing for July 25, 2018 to consider the naming, and direct the City Clerk to publish the appropriate public notice. PASSED AND ADOPTED this 6th day of June,_20'I` ATTEST: Dan Gelber, Mayor Rafael E. Grana.o, City Clerk' APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION INCOBtP c, fr3(t 0. MIAMIBEACH Resolutions. -_R7 M COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: June 6, 2018 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 AT ITS MAY 20, 2018 MEETING TO NAME THE 9TH STREET FITNESS AREA WITHIN LUMMUS PARK AS AND, PURSUANT TO SECTION 82 -503 OF THE CITY CODE, SETTING A PUBLIC HEARING FOR JULY 25, 2018 TO CONSIDER THE NAMING, AND DIRECTING THE CITY CLERK TO PUBLISH THE APPROPRIATE PUBLIC NOTICE. RECOMMENDATION Commission approval of the NCAC recommendation of either "Muscle Beach at Lummus Park," "Muscle Beach at South Beach," or "Muscle Beach South Beach" as the name for the 9th Street fitness area which is within an interior portion of Lummus Park, which name would then move forward for consideration at a public hearing. ANALYSIS At the April 11, 2018 Commission meeting, a discussion regarding the naming of the fitness area in Lummus Park was referred to the Neighborhood /CommunityAffairs Committee ( "NCAC "). At the May 22, 2018 NCAC meeting, the Committee recommended the following names for the 9th street fitness area in Lummus Park, and moved the discussion to Commission: • "Muscle Beach at Lummus Park" • "Muscle Beach at South Beach" • "Muscle Beach South Beach" Following the NCAC discussion, a review of trademarks reveals that there is currently a holder of a trademark for the name "Muscle Beach South Beach." Due to the similarity of the names "Muscle Beach South Beach" and "Muscle Beach at South Beach," neither of these names is recommended unless permission is obtained from the holder of the mark. Pursuant to the City's existing policies and procedures for the naming of interior portion(s) of a public facility, proposals must be in compliance with provisions set forth in Section 82- 503(b) of the City Code, which includes a referral to NCAC, a recommendation from NCAC, a public hearing by the City Commission, and a 5 /7ths vote of approval by the City Commission at the public hearing. This discussion item is to be heard in con unction with the resolution to set the public hearing for the selected name for this interior portion of a park. Page 1023 of 1269 The popular 9th Street outdoor fitness gym in Lummus Park recently underwent significant upgrades. Though this portion of the park does not have an official name, many locals already commonly refer to it as "Muscle Beach." Within the last six months, the 9th Street fitness community created a social media page named "Muscle Beach South Beach," which has gained over 5000 followers to date. Legislative Tracking Parks and Recreation Sponsor Ricky Arriola ATTACHMENTS Description a Resolution - Supplemental Page 1024 of 1269