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MIAMIBEACH
City Commission Meeting
ADDENDUM MATERIAL 2
City Hall, Gommission Chambers, 3rd Floor, 1700 Convention Center Drive
September 2,2015
Mayor Philip Levine
Vice-Mayor Edward L. Tobin
Commissioner Michael Grieco
Commissioner Joy Malakoff
Com m issioner Micky Steinberg
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visrt us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
ADDENDUM AGENDA
C7 - Resolutions
C7J Approval of Zyscovich lnvoice for $21,400 for Additional Services for the Washington Avenue
Master Plan'
(sponsored by commissioner Joy Malakoff)
R7 - Resolutions
R7V A Resolution Calling For A November 3,2015 Special Election, For The Purpose Of Submitting
To The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether, lf The
Voters Approve The City's Convention Center Hotel Lease, City Shall Adopt An Ordinance
Dedicating All Rent Payments Received By CityTo Enhance Funding (Not Replace OrSubstitute
For Current City Funding), ln Equal Proportions Annually For The Term Of Lease, For: Mass
Transit And Traffic Reduction, Pre-K Through 12 Education, Stormwater Projects (ln Lieu Of
Rate lncreases), And Undergrounding Electric Utilities, With Any AmendmenURepeal Of Such
Ordinance Subject To Voter Referendum Approval.
(Sponsored by Vice-Mayor Edward L. Tobin)
(Legislative Tracking: Office of the City Attorney)
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OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Jimmy L. Moroles, City Monoger
Joy V. W. Molokoff, Commissioner
luly 22,2015
Request to ploce on the September Commission Consent Agendo Approvol
of Zyscovich lnvoice for $21,400 for Additionol Services for the
Woshington Avenue Moster Plon
Pleose ploce the obove item on the September 2, 2Ol5 Commission Consent Agendo.
The controct the City entered into with Zyscovich on September 1 5, 2014 for $ t 02,000
contemploted pre-visioning work storting in October 2014, three visioning workshops
(which were held in Novemberond December 2014lrond three moster plon meetings
(which were held in Jonuory ond Februory 2015).
The Blue Ribbon Ponel wos intending to complete its work ot the end of Februory ond
present its recommendotions to the Lond Use Committee ond Commission by Morch 1 1,
2015 (see ottoched Plonning Timeline).
At the end of Februory, it wos cleor thot there wos more work to be done in order to
ochieve consensus omong the community ond omong the Blue Ribbon Ponel members.
As o result, the Blue Ribbon Ponel requested thot Zyscovich increose their scope of
services ond odd three more moster plon meetings in Morch, so thot the Ponel could
complete its work ot the end of Morch ond present its recommendotions to the Lond Use
Committee ond Commission by April .l5, 20.l5.
The three odditionol moster plon meetings were held in Morch 2015 ond these meetings
were pivotol in ollowing the Blue Ribbon Ponel to ochieve consensus on the open issues.
The work product presented to the Blue Ribbon Ponel by Bernord Zyscovich ond teom
wos involuoble ond the community reoction wos uniformly fovoroble.
The $2 1 ,400 in odditionol fees being requested by Zyscovich ore reosonoble in relotion
to the services provided beyond the scope of their signed proposol.
We ore commilted to prcviding excellent public service ond sofefy to all who live, wcrk, ond ploy in our vibronl, fropicol, hist'oric communily
Agenda ltem C -77
oate@-473
Poge Two
ln oddition to the three odditionol moster plon meetings described in the odditionol
services document, since the Blue Ribbon Ponel presented its recommendotions to the
Commission on April 29,2015, the Zyscovich teom hos spent significont odditionol time
preporing the zoning incentives summory text ond grophics pocket for the LUDC ond
Plonning Boord ond ottending oll the scheduled meetings. The Zyscovich teom hos olso
prepored numerous detoiled street cross sections for the Woshington Avenue Pilot Proiect
ond Future Tronsit options ond hos met with the City's Tronsportotion Deportment teom to
work out the issues ond implementotion of the proposed bike lones ond the porklets
progrom. They hove not requested odditionol compensolion for ony of this work which is
obove ond beyond the originol scope of their engogement.
lf you hove ony questions, pleose contoct me ot extension 6622.
JWVM
We ore commilled to providing excellent public ser,rice and sofety'to ol! 'who live, work, ond ploy in our vibronl, fropical, historic community
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lZO0 Convention Center Drive, Miomi Beoch, Florido33l39
www. miom ibeochfl.gov
OFFICE OF THE CIry ATTORNEY
Tel: 305.623 .7 470, Fox: 305.673.7002
TO:
COMMISSION MEMORANDUM
MAYOR PHILIP LEVINE
MEMBERS OF THE CIry COMMISSION
CITY MANAGER JIMMY MORALES
FROM:RAUL J. AGUILA O €L
CIry ATTORNEY
DATE: SEPTEMBER 2, 2015
SUBJECT: RESOLUTION CALLING NOVEMBER 3, 2015 SPECIAL
ELECTION FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION
ASKING WHETHER, !F VOTERS APPROVE CIryS CONVENTION
CENTER HOTEL LEASE, CITY SHALL ADOPT AN ORDINANCE
DEDICATING ALL RENT PAYMENTS RECEIVED BY CITY TO ENHANCE
FUNDTNG (NOT REPLACE OR SUBSTTTUTE FOR CURRENT ClTy
FUNDING), IN EQUAL PROPORTIONS ANNUALLY, FOR THE TERM OF
LEASE, FOR: MASS TRANSIT AND TRAFFIC REDUGTION, PRE.K
THROUGH 12 EDUCATTON, STORMWATER PROJECTS (lN L|EU OF
RATE TNCREASES), AND UNDERGROUNDTNG ELECTRIC UT|LITIES,
WITH ANY AMENDMENT/REPEAL OF SUCH ORDINANCE SUBJECT TO
VOTER REFERENDUM APPROVAL.
The attached
The attached
November 3,
question:
Resolution has been prepared at Commissioner Tobin's request.
Resolution calls for a City of Miami Beach Special Election to be held on
2015 for the purpose of submitting to the City's voters the following
Aqenda ltem R7VDatej-7,.F5
Referendum Re: Use of Rent Payments
Received By City from Convention Center Hotel Lease
lf voters approve City's Convention Center Hotel lease, shall City adopt an ordinance
dedicating all rent payments received by City to enhance funding (not replace or
substitute for current City funding), in equal proportions annually for the term
of lease, for: mass transit and traffic reduction, pre-k through 12 education, stormwater
projects (in lieu of rate increases), and undergrounding electric utilities, with any
amendmenUrepeal of such ordinance subject to voter referendum approval?
Two companion agenda items shall be considered at the September 2, 2015 City
Commission meeting, namely a Resolution to approve the proposed Development and
Ground Lease Agreement ("Lease") for the Convention Center hotel (Agenda ltem
R7A), and a Resolution calling for a special election for the purpose of submitting to the
voters a referendum re: approval of the Lease in accordance with Section 1.03(b)(3) of
the City Charter (Agenda ltem R7B).
Pursuant to directive of the Miami-Dade County Elections Department, the final date by
which the City may adopt its Resolution placing a ballot measure on the November 3,
2015 ballot is September 4, 2015. Accordingly, this matter is timely presented to the
City Commission and adoption of the attached Resolution may take place at today's
meeting.
T:\AGENDA\201S\SeptembeAMBCC Headquarter Hotel\City Atg Comm Memo Ballot Question MBCC Hotel.docx
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 3, 2015 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF
THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER, IF
THE VOTERS APPROVE THE CITY'S CONVENTION CENTER HOTEL LEASE,
CITY SHALL ADOPT AN ORDINANCE DEDICATING ALL RENT PAYMENTS
RECETVED BY CITY TO ENHANCE FUNDTNG (NOT REPLACE OR
SUBSTITUTE FOR CURRENT ClTy FUNDING), !N EQUAL PROPORTIONS
ANNUALLY FOR THE TERM OF LEASE, FOR: MASS TRANSIT AND TRAFFIC
REDUCTION, PRE.K THROUGH 12 EDUCATION, STORMWATER PROJECTS
(tN L|EU OF RATE TNGREASES), AND UNDERGROUNDING ELECTRTC
UTILITIES, WITH ANY AMENDMENT/REPEAL OF SUCH ORDINANCE
SUBJECT TO VOTER REFERENDUM APPROVAL.
WHEREAS, following a duly noticed first reading/public hearing on July 31, 2015, and a
duly noticed second reading/public hearing on September 2, 2015, the Mayor
Commission of the City of Miami Beach, Florida adopted Resolution No. 2015-
and City
approving a Development and Ground Lease Agreement ("Lease") with Portman Miami Beach,
LLC for the development of an 800 room convention headquarter hotel and related facilities (the
"Hotel"), on an approximately 2.65-acre site on the northeast corner of 17th Street and
Convention Center Drive, bounded roughly by the Miami Beach Convention Center to the North,
17th Street to the South, The Fillmore Miami Beach at the Jackie Gleason Theater to the East
and Convention Center Drive to the West; and
WHEREAS, pursuant to Section 1.03(bX3) of the City Charter, the Lease is contingent upon
and requires approval by vote of at least sixty (60) sixty percent of the voters voting thereon in a
City-wide referendum, with such vote currently scheduled to take place on November 3, 2015;
and
WHEREAS, the City would like to schedule a vote of the electorate for Tuesday November 3,
2015, in order for the residents of Miami Beach to vote on whether the City should adopt an
ordinance dedicating the rent payments received by the City pursuant to the Lease for certain
specified projects as set forth herein.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1.
ln accordance with provisions of the Charter of the City of Miami Beach, Florida and the
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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 3,2015,
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 as set forth in the attached Exhibit "A."
SECTION 4.
Not less than thirty days 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 accordancewith 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:OO
A.M. UNTIL 7:00 P.M" ON THE 3rd DAY OF NOVEMBER, 2015, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
8
Referendum Re: Use of Rent Payments
Received By City from Convention Center Hotel Lease
lf voters approve City's Convention Center Hotel lease, shall City adopt an ordinance
dedicating all rent payments received by City to enhance funding (not replace or substitute for
current City funding), in equal proportions annually for the term of lease, for: mass transit and
traffic reduction, pre-k through 12 education, stormwater projects (in lieu of rate increases), and
undergrounding electric utilities, with any amendmenUrepeal of such ordinance subject to voter
referendum approval?
YES
NO
Said Notice shall further set forth the several polling places in the election precincts as
established in accordance with Section 3 hereof, and 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 3,
2015, hereby called, shall be in substantially the following form, to-wit:
..OFFICIAL BALLOT"
Referendum Re: Use of Rent Payments
Received By City from Convention Genter Hotel Lease
lf voters approve City's Convention Center Hotel lease, shall City adopt an ordinance
dedicating all rent payments received by City to enhance funding (not replace or substitute for
current City funding), in equal proportions annually for the term of lease, for: mass transit and
traffic reduction, pre-k through 12 education, stormwater projects (in lieu of rate increases), and
undergrounding electric utilities, with any amendmenUrepeal of such ordinance subject to voter
referendum approval?
YES
NO
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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 Election 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 this Special Election until 5:00 p.m. on 2015. All
persons eligible to vote at this Special Election must be registered before the time and date set
forth herein or have registered previously, as provided by law. Each person desiring to become
a regisfered voter shall be responsible for properly filling out the registration form and returning
it to the Miami-Dade County Elections Office. All questions concerning voter registration should
be directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral, Florida
33172; Telephone: (305) 499-VOTE (8683).
SECTION 9.
That the absentee voters participating 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
absentee voting.
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.
lf any section, sentence, clause or phrase of the ballot measure set forth above in this
Resolution 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 ballot measure.
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SECTION 12.
PASSED and ADOPTED this day of
ATTEST:
RAFAEL E. GRANADO
CITY CLERK
This Resolution shall be effective immediately upon its passage.
2015.
PHILIP LEVINE
MAYOR
APPROVEDASTO
FORM & HNGUAGE
& FOR E)(ECUTION
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