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C6B-Report Of The April 15 2016 Neighborhood-Community Affairs Committee MeetingMIAAAIBTACH OFFICE OF THE CIry MANAGER COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of FROM: Jimmy L. Morales, City Manager DATE: May 11,2016 MEETING ON FRIDAY, APRIL 15,2016 A meeting of the Neighborhood/Community Affairs Committee was held on Friday, April 15, 2016 at 2:00 p.m. in the Commission Chamber, 3rd Floor of City Hall. Commissioners in attendance: Commissioners Michael Grieco, Micky Steinberg, John Elizabeth Alem6n, and Joy Malakoff. Members from the Administration and the public were also in attendance. THE MEETING OPENED AT 2:04 P.M. 1. Discussion Regarding Revisions To The Beachfront Concession Rules And Regulations Commission ltem C4F, January 15,2014 (Office of the City Manager) Max Sklar, Director of Tourism, Culture, and Economic Development AFTER-ACTION Max Sklar, Director of Tourism, Culture, and Economic Development presented the item. Max Sklar said they have continued to work on the guidelines, some items have remained the same and some have changed since he last presented this item. Max Sklar said in regards to food trailers, he and his team are still recommending the elimination of them 1 year following the adoption of the rules and regulations. Max Sklar said they have gone back and looked at the buffer zones closely at the direction of the committee and have gone property by property. The desire is to try to balance the needs of the hotel and condominiums and the members of the public. Staff is recommending that in locations where there are no adjacent beach concessions in a location and/or the property is adjacent to a public upland property (i.e. public park or parking lot) a buffer zone will not be required because the public space will serve as a buffer zone. They also went through where the physical environment is limiting, like beach erosion and the narrowing beach. They are suggesting that because of the constraints in the topography of the beach as well as the number of condos and hotels within the stretch of 14-21 streets, there be no buffer zones except for street ends and the area east of beach concessions closest to the shore line. Those would serve as buffer zones in that area. Agenda ltem C0I Date S- /t-l b224 Commission Malakoff asked Max Sklar how wide the buffer zones are on the street ends between 14-21 streets. Max Sklar said they are the width of the street end and there are usually life guard stands there. The access for the public is at the street ends. Commissioner Grieco asked where and how many buffer zones is Max Sklar recommending. Max Sklar said they are suggesting 10 concession locations that would have a buffer zone. Where there are 2 private concessions abutting each other and are not in a location between 14 and 21 streets and there is no public property, that is where a buffer zone would be. Commissioner Alem6n said it makes no sense to have a buffer zone in between 2 private properties. Dr. Morris Sunshine, resident spoke. He requested this item to be deferred on behalf of the Marine and Waterfront Protection Authority because this is a serious issue and they had no opportunity to review this proposal. Carolina Jones, resident spoke. She asked how much beach equipment can be deployed at the beginning of the day. Max Sklar said that it is difficulty to deploy the equipment at various times throughout the day. His recommendation is that the concessionaires deploy the equipment as they see fit. Commissioner Grieco asked how many changes were made in this version of the item. Max Sklar said only a handful; therefore the Marine and Waterfront Protection Authority has had ample time to review the item for the last couple years. Max Sklar said this item was not on the agenda of Marine and Waterfront Protection Authority and that is why they did not attend their meeting to discuss this. Commissioner Alemdn said she is glad they worked through the deployment restriction. She understands the logistics of the putting out the equipment. Once you have concession customers and they are being serviced, the equipment should be out. Kathie Brooks, Assistant City Manager said that Max Sklar has only presented on the buffer zones and there are other changes that were made from the last time he presented at the committee, so she asked if maybe he should present those changes before they talk as a general discussion. Max Sklar said another change is restricting the amount of storage boxes of the linear frontage of the concession to 40o/o, previously they weren't allowed to extend to stack them east or west of each other. As they look at it more closely the concessionaires would either have to eliminate chairs and umbrellas as part of their operation or the City has to allow them to stack them east or west of each other. Max Sklar and his team are recommending they be permitted to stack the storage equipment east and west of each other. Max Sklar said City is requiring for storage boxes to be placed at the corners of the workable area to mark the actual beach concession area, which was one of the 225 recommendations of the Marine and Waterfront Protection Authority. This will help to easily note if they are outside of the designated area. They are also requiring the concessionaires to have open to the public signage on the huts and stands so it is clear to the public they are able to use the area and rent chairs. At the direction of the committee, disposable ash trays will be added. lnstead of the stationary ones they will have disposable ones that can be given out to anyone who needs them. Max Sklar said there are a number of trailers about 6 or so that are on the beach and never come off. They want them to come off and not be there over night. They will be allowed to bring on the trailers in the morning during peak weekends and holidays to unload equipment and they will have to remove the equipment and trailers that evening as well. They can ask for approval to have this if it is not a holiday and the City can either approve it or not. Commissioner Malakoff asked if there is something regarding glass and plastic in the food concession rules. Max Sklar said the sale of cans or glass containers is prohibited and plastic straws are not allowed as well. Commissioner Malakoff why the private concessionaires can't use paper cups instead of plastic. Max Sklar said because they are trying to service the guests at a high level and they don't believe they can do so with paper cups, they start to disintegrate after a short time. Commissioner Grieco said the areas where there are private concessionaires they tend to be cleaner even with plastic cups. Commissioner Grieco said that he understands Commissioner Malakoff's point, maybe they can change the language to follow whatever the city code dictates and they can move fonruard to the Commission. lf the city code ever changes it will be malleable to that. Max Sklar said there was some expression from the committee that the penalties were too low. The first offense was $50 he increased it to $250, the second offense was $100 he increased it to $500, and so on and so forth up until the third offense is proposed to be $1,000 and the fourth $1,500. This would be for the same violation. Max Sklar said they are also proposing a 3 month transition period where there would just be verbal warnings to allow people to get used to the changes. Commissioner Alem6n asked about something previously discussed with a fine the concession would have to be closed down for a defined period of time. Max Sklar said the concern he has with that kind of fine is penalizing not only the hotel, but the guests as well. Commissioner Steinberg said maybe this is something maybe we can discuss down the line, because she understands Max Sklar's point. Commissioner Grieco agrees with what Commissioner Steinberg said. Maybe we can see if anyone is getting to that point. lf there are people that are just abusing and just taking the fine and the fines aren't doing their jobs, maybe after it goes to commission a 6 month or year check in period can be put on to revisit and see how it is going. Commissioner Malakoff said that she wanted to make sure the license of a concessionaire can be revoked by the City Manager if they are abusing their privileges. 3 226 2. Max Sklar said that rule still applies. Commissioner Steinberg said that she wants to move this to the full commission. She also asked about the food trailers, she thinks it should be a 2 year gap for the elimination of them rather than 1. She likes the recommendation about the buffer zones from the City. David Bannister, 1500 Ocean Drive Condominium Association spoke. He said that removing the food trailers will not be a good idea; the residents will have nowhere else to go on the beach. Seth Schummer, resident spoke. He agrees with David Bannister. Commissioner Alemdn said she would like to eliminate the buffer zones in between 2 private properties. Commissioner Grieco agrees. MOTION: Commissioner Steinberg motioned to move this item to the full commission. Also to amend the 1 year period before the elimination of the food trailers to 2 years. Commissioner Alem6n seconded with also amended to eliminate the buffer zones in between 2 private properties. DIRECTION: Go to full commission. Discussion Regarding A Competition Swimming Pool Commission ltem C4K, June 10,2015 (Sponsored by Commissioner Malakoff) John Rebar, Parks and Recreation Director AFTER.ACTION John Rebar, Parks and Recreation Director presented the item. He said that they were here today to present a feasibility study or experiment on the idea of a competition swimming pool. King Ballard and Doug Winicker were here present some numbers and site options. John Rebar said this is a Finance and Citywide Projects Committee conversation as well. There is a lot going on in the Parks and Recreation Department and the Master Plans are not fully funded to get through all of the phases. He would like to have a conversation to see how they can make everything happen and prioritize the projects. Commissioner Steinberg said John Rebar brings up a good point. We need to make sure that the funding is available and refer it to the commission for it to be referred to Finance and Citywide Projects Committee. She thinks that there should be a workshop about all of the projects going on. Commissioner Alemdn asked if they can reduce some of the options before this item goes to the Finance and Citywide Projects Committee. Kathie Brooks, Assistant City Manager suggested as far as Finance is concerned to refer as part of the budget discussions because it is where the community priorities will be discussed. 227 King Ballard from King Ballard and Associates and Doug Winicker from Water Technology presented a PowerPoint with details. They looked at three competitive facility options. They were also given five sites to look at. Demographics were studied. The citywide optlon is a 25 yard by 25 meters. The regional option is 50 meters. The international option is 50 meters with a diving tower, plus a 6 lane 25 meter pool. Commissioner Grieco said that he doesn't believe the committee will be committing to any options because the financials need to be discussed first. Commissioner Alem6n asked about the naming rights and sponsorships under a regional option instead of the international option. She said the citywide and regional options would be the ones that she would be interested in. Commissioner Grieco said he thinks they can make a world class facility even if it is not on the international level. Commissioner Alemdn asked how many competitive swimmers did the consultants learn that we have on Miami Beach. When this goes to commission she would like them to note the numbers. Charles Pilamungo, coach of the team at Miami Beach Senior High School spoke. The swim team needs to be split up into 2 to train in different pools. All of their swim meets are hosted at Miami Dade College. Carolina Jones, resident spoke. She said there are a number of things that were considered when they looked at these options with the Parks and Recreation Advisory Board. She said she would like to see us look at all of the sites in Miami Beach, there is a pool manufacture called Mrytha and they make pools at a much lower cost. Jonathan Groff, resident said that we need to stop sending our kids off of the beach for all of the activities. MOTION: Vote of acclamation for this to go to the full commission and then be referred to the Finance and Gitywide Projects Committee. 3. Discussion Regarding Naming The Accessible Beach And Playground At Allison Park, 65th Street And Collins Avenue, "sabrina's Beach And Playground At Allison Park" Commission ltem C4L, April 15.2015 (Sponsored by Commissioner Malakoff) John Rebar, Parks and Recreation Director AFTER-ACTION DIRECTION: Defer to May 15,2016 NCAC Meeting. 4. Update on Muss Park Pavilion Commission ltem RgW, February 10,2016 (Sponsored by Vice-Mayor Steinberg) 228 5. David Martinez, Capital lmprovement Projects Director AFTER.ACTION David Martinez, Capital lmprovement Projects Director presented the item. David Martinez said on April 5th they went to the Design Review Board to present what the commission had directed to move fonvard with, which was a fully enclosed pavilion as originally planned over the last couple of years. Several residents convinced the board to rethink the layout and asked them to go back to the Design Review Board in June. This is starting to put an impact on time to get this done. David Martinez said they would want go to back to the DRB in May and try to get approved there. They might have a chance to construct this starting in September. Commissioner Grieco asked if the people on the DRB understand the time table. David Martinez said that he doesn't think that was taken into account. He said they reached out to several residents in the area and it seemed like everything was okay and then it went in a different direction. Commissioner AlemSn said something happened at DRB that made her uncomfortable; they entertained a dialogue of the operating procedures at Muss Park, which she didn't think they were supposed to be talking about. David Martinez said they will be presenting an item in May requesting a waiver to the parking component that planning agrees on. NO ACTION TAKEN Discussion Regarding Proposed Site Options For New Fire Station No. 1 Commission ltem C4A, January 13,2016 (Capital lmprovement Projects) David Martinez, Capital lmprovement Projects Director AFTER.ACTION David Martinez, Capital lmprovement Projects Director presented the item. Last time this item was at NCAC, the committee asked for David Martinez and CIP to look at the option 5, which is the main parking lot off of 11 street in Flamingo Park between the tennis center and the PAL building. A consultant has been hired since and they have been looking at some schemes, but they are not quite ready to display. There will not be any greenspace affected. The PAL building may or may not be affected. They are looking at how the parking will be affected. They are looking into an additional parking area because that is important. Commissioner Grieco said that the Boys and Girls Club is also opening soon because there will a demand for parking from this project too. He hopes it is being calculated in. David Martinez said the height is being discussed. He said they will be prepared to show definite alternatives for the next NCAC meeting, he is not comfortable right now with 229 some of the alternatives. The idea is not to affect any greenspace. The one green area that will be temporary impacted is where the Property Management is currently held. Jack Johnson, resident spoke. The Flamingo Park Neighborhood Association would like the committee to reconsider the other options besides option 5. lf the new fire station has to be on 11 street, they ask it be designed in way to move it a little west. They suggest putting the new fire house where the PAL building is now and put parking on top of the building. Commissioner Grieco said he believes it was unanimous to put the fire station in the location on 11 street. He said he thinks Jack Johnson does have some valid points. Commissioner Alemdn said she loves the idea of relocating PAL and keeping the grand entrance. Jonathan Groff, resident spoke. He feels that they need adequate parking at Flamingo Park, more than we have now. He suggested looking at the northwest lot by the baseball field. Commissioner Alemdn asked if the lot that Jonathan Groff mentioned on the list for possible garage conversion. Kathie Brooks, Assistant City Manager said no and that we are trying to put those garages in intercept locations rather than interior to the City. Hopefully the street car will be running on Washington Avenue and Alton Road. DIRECTION: Come back to May 15,2016 NCAC meeting to discuss further. 6. Discussion Regarding lmplementing A Rainbow Crosswalk At The lntersection of Ocean Drive and 12th Street on Miami Beach Commission ltem C4G, January 13,2016 (Sponsored by Commissioner Alemdn ) Jose Gonzalez, Transportation Director AFTER.ACTION Commissioner Grieco said this item and item number 14 go together. Jose Gonzalez, Transportation Director communicated with Commissioner Arriola's office today about the competition. The permanent installation of the crosswalk should be done as the overall construction project and timed as such. Commissioner Grieco said he is expecting a budget piece this summer of the project as part of the CIP budget for fiscal year 16-17. Jose Gonzalez said they are looking at different materials and are wokring with CIP and Public Works. At this point they have about 3 or 4 options. They will be approaching the County with the options and come back with an update. Commissioner Grieco said to combine items 6 and 1 4 to carry on with an update for May 230 15,2016 NCAC meeting. DIRECTION: Combine items 6 and 14 and come back with an update May 15,2016 NCAC meeting. 7. Discussion Regarding The Possible Addition Of A Skate Park ln North Shore Open Space Park Commission ltem R9E, January 13,2016 (Sponsored by Commissioner Arriola) Jeff Oris, Economic Development Division Director AFTER.ACTION Commissoner Grieco said he knows that this was discussed at the commission meeting on Wednesday. Jeff Oris, Economic Development Division Director presented the item. Jeff Oris said that there are a number of sites where the skate park may or may not work. Carolina Jones, resident spoke. She said she wanted to know what the direction of the commission was, if everyone was on board with the all wheels park. Commissioner Grieco said he likes the all wheels park idea. The question is where to put it. Commissioner AlemSn said there is a draft set of requirements, space, amenities, bathrooms, etc. The setup of requirements need to be finalized. A community meeting should be noticed with the sites and hear residents input and then take it to the Parks and Recreation Advisory Board and then to the North Beach Steering committee. After all of that go back to commission with the recommendations. Jeff Oris said the top 3 locations are the 72 street lot, the west lots, and the south end of North Shore Open Space Park. Carolina Jones said she likes the location at North Shore Open Space Park, but that the west lots is the easier option. Commissioner Alem6n would like the City to vet all 3 of the sites and bring back a recommendation. She thinks a town hall should be done and notice all 3 locations. Commissioner Grieco said he thinks this should go to the neighbors first. Commissioner Alemdn agrees. Jeff Oris said if North Shore Open Space Park were a location, it can be done around the existing greenspace, not bulldoze it and put concrete there. Commissioner Alemdn said everyone should be aware of the meeting. DIRECTION: Vet all 3 options and have a town hall meeting for the public. 8 231 8.Discussion On Encroachments ln The Public Right-Of-Way Commission ltem C4l, February 10,2016 (Capital lmprovement Projects) David Martinez, Capital lmprovement Projects Director Eric Carpenter, Assistant City Manager/Public Works Director AFTER.ACTION David Martinez, Capital lmprovement Projects Director presented the item. David Martinez said the purpose of the this item being referred to this committee is because of the construction projects that go on in the neighborhoods. There is a lot of time and dollars that come into play. He would like some direction from the committee on how to approach these situations. Commissioner Grieco said he does not wish to standardize anything because the neighborhoods are all unique. Bruce Mowry, City Engineer presented a PowerPoint to the committee. Bruce defined the term right-of-way as the paved area of the road, the road shoulders, the sidewalks, swales, and all other property adjacent to the road owned by the city for the construction and operation of the road or other facilities. He also defined other words like swales and encroachments. David Martinez continued on with the presentation of encroachment examples. He explained they look at the encroachments based on the availability of the right-of-way. Eric Carpenter, Eric Carpenter, Assistant City Manager/Public Works Director continued on with the presentation. He explained when talking about encroachments they are looking at life safety, drainage, an equity. He said they are looking for direction and guidelines on how to deal with the examples that were shown. Eric Carpenter said where the entire public right-of-way ends up behind someone hedge where you can't see through or get through is when it becomes a problem. Commissioner Malakoff said she thinks we should have a plan for utilities and that they should be in the swale area and not under the streets to have to be dug up. She also thinks life safety is important, if you are driving around the corner you need to see if a car is coming the other way. She also thinks drainage is extremely important. All in all Commissioner Malakoff thinks it should be a on a neighborhood by neighborhood basis. Commissioner Alem6n said there are going to be a lot of CIP projects that will be going on in the future that are disruptive to the neighbors. She is not interested in standardizing the encroachments. Commissioner Alemdn said she thinks the owners should be responsible for maintaining the encroachments if the City if not going to ask them to remove them. Commissioner Steinberg said she thinks life safety, utilities, visibility, signage, and drainage are things that are not negotiable. She does agree that it should be unique to each neighborhood. Jackie Lalonde, president of Sunset lslands lll and lV Association spoke. She said they 232 urge the committee to reject the standardization of neighborhoods. Her and her team has presented a plan for the City made by their own engineer. Terry Bienstock, resident in Sunset lsland lll spoke. He addressed many safety concerns. He said that the report Jackie Lalonde spoke about is not valid and he urges the committee to disregard it. Commissioner Grieco said safety should not be dictated by accident reports. Commissioner Alem6n said that she drove around Sunset lslands today. She said she noticed that some of the hedges were covering light fixtures. She said removing hedges for safety and projects is important. Peter Luria, resident spoke. He complimented the Public Works and CIP departments for a fair presentation. He presented a resolution passed by the Disability Access Committee who recommended the sidewalks be kept. Commissioner Grieco said that he needs time to digest this and asked what his colleagues think. Commissioner Steinberg said she would love to sit down with Eric Carpenter one-on- one. Commissioner Alemdn said she would like to leave the encroachments alone unless they interfere with a City project or if there is a safety issue. DIRECTION: Come back next month with a better picture. 9. Traffic Management Alternatives Discussed At The February 24,2016 Commission Workshop On Traffic Management Commission ltem C4l, March 9,2016 (Transportation) Jose Gonzalez, Transportation Director AFTER.ACTION DIRECTION: Defer to May 15,2016 NCAC Meeting. 10. Discussion On Traffic Galming Efforts On Prairie Avenue and ln Bayshore Neighborhood Commission ltem C4J, March 9,2016 (Sponsored by Commissioner Grieco) Jose Gonzalez, Transportation Director AFTER.ACTION Commissioner Grieco said that this item had been discussed at the April 13th Commission Meeting this past Wednesday. 10 233 NO ACTION TAKEN 1 f . March 9, 2016, Action Of The City Commission To Accept The Recommendation Of The Neighborhood/Community Affairs Committee To Keep And Renovate The Robert C. Haas Handball Court Building, And To Remove The Previously Approved Recommendation To lnclude Four Additional Single Wall Handball Gourts And Four New Padel Courts, As These ltems Are Recommended Not To Be lncorporated lnto The Flamingo Park Master Plan; And Recommending A Discussion Of Other Activities/Options For The Master Plan Commission ltem R7D, March 9, 2016 (Sponsored by Mayor Levine) John Rebar, Parks and Recreation Director AFTER.ACTION John Rebar, Parks and Recreation Director presented the item. At the March 9, 2016 commission meeting direction was given not to pursue adding padel tennis to the area and take the conversation to the Parks and Recreation Advisory Board and then come back to this committee. Looking at the area, unanimous recommendation is putting batting cages. Commissioner Steinberg said that she believes the parks serve the community at large and are great. She thinks maybe to put some of these activities in North Beach, in order to have great parks everywhere in the City. She thinks we need to move fonrvard with the Flamingo Park Master Plan. Jonathan Groff, chair of the Parks and Recreation Advisory Board spoke. Commissioner Malakoff asked how much space does a batting cage take up. Jonathan Groff said he doesn't believe they take up a lot of room at all. He thinks it would be a very nice addition to the park, which is the number 1 recommendation of the Parks and Recreation Advisory Board. Commissioner Alem6n said that she recently visited batting cages at another location and it was pretty compact. John Rebar said batting cages can fit in a small space. Carolina Jones, resident and members of the Parks and Recreation Advisory Board spoke. She said they never considered this option in Flamingo Park instead of North Beach, it was an additional idea to the North Beach plan. Jack Johnson, resident spoke. He agrees with what Commissioner Steinberg said about moving fonuard with the Flamingo Park Master Plan and not continually think of new uses for the park. Commissioner Grieco asked how we got to the point of looking to add activities to the park because before the item was just about handball courts. John Rebar explained that staff was directed a few years ago to find a place to introduce padel, Today's recommendation was a direction from the Commission to not introduce padel, but to go back to the Parks and Recreation Advisory Board for suggestions to add anything to the area before we closed it and moved fonryard. 11 234 Commissioner Alemdn said that she is interested in listening to the recommendation of the Parks and Recreation Advisory Board about the batting cages. James lnckoloff, resident spoke. He does not wish for them to keep adding activities in Flamingo Park. Matis Cohen, business owner spoke. He encourages the activities to be brought to North Beach. Commissioner Grieco said he doesn't believe padel is right for Flamingo Park and there might be another place for it in Miami Beach in the future. Commissioner Steinberg said she loves the Flamingo Park tennis facility is top notch, but she would also like to have North Shore tennis be top notch and she loves how active our City is. Commissioner Malakoff asked if there is space for padel at the North Shore Park. John Rebar said no there is not. John Rebar said without any further action from this committee and the recommendation from the full commission the Master Plan will include renovating what is there now. Commissioner Steinberg said if the batting cage isn't a huge deal we can always incorporate it later. She would like to move fonruard with the Master Plan at this point. John should look at other places for the batting cages. MOTION 1: Commissioner Steinberg motioned to move fonvard with the Flamingo Master Plan. Commissioner Alem6n seconded. MOTION 2: Commissioner AlemSn motioned to look to find a home for a batting cage close to any of our existing baseball facilities. Commissioner Steinberg seconded. DIRECTION: Come back to NCAC when a home is found for the batting cages. 12. Monthly Grime Update Commission ltem R9D, April 13,2011 (Sponsored by Commissioner Grieco) Mark Causey, Police Major AFTER.ACTION Mark Causey, Police Major presented the item. Mark Causey said that there have been many good arrests involving pimps and human trafficking. A woman has been drugging the victims and stealing their expensive watches. Mark Causey said that they had a couple from Palm Beach walking on the shore line and the criminals pulled a fire arm on them. The police caught the criminals and found the fire arms as well. 12 235 Mark Causey said there had also been many other different types of cases that led to successful apprehensions. Mark Causey said there was also a successful DUI checkpoint the week before. All the ending results from spring break have been more positive than the previous year. Commissioner Grieco asked about the violent crime stats in general. Mark Causey said he believes they are down by 2.5o/o, home invasions have been down and car thefts as well. Commissioner Grieco asked about the beach hours in Lummus Park. Mark Causey said police is waiting for the word from commission, but they are set to start at 10 p.m. Mark Causey said he believed it needed to go to second reading. Mark Causey said the the past 3 weeks the midnight suppression team they have probably had about 30 prostitution arrests. The main thing that they are catching the prostitutions with is a concoction to put the customers to sleep. Very few police is catching are from Florida. The robbery clearance rate is close to 60%. Mark Causey said they are ready for Floatopia and Captain Jones is running it. Commission Alem6n said that she went to a lunch put on by Kristy house today and they shared statistics of 1 in 4 girls and 1 in 6 boys will be victims of sexual abuse before their 18th birthday. 72,000 of the kids enrolled today in the public schools will be victims of sexual abuse before their 18th birthday. lf anyone would like to help they can go to kristvhouse.orq. NO ACTION TAKEN 13. Discussion And Action Plan Related To Combatting lllegal Short Term Rentals Cityaride Commission ltem C4D, April 13,2016 (Sponsored by Commissioner Michael Grieco) Hernan Cardeno, Director of Code Compliance AFTER.ACTION Commissioner Alem6n would like to co-sponsor this item. Hernan Cardeno, Director of Code Compliance presented the item. Commissioner Grieco said this has been a complaint driven process unless something falls in our lap. He asked if we need to increase staff or come up with a special unit. Commissioner Alem6n said if there is a way to be proactive and she would like us to find a way to work with air b and b to collect data that is not anonymous. Maybe also working with the lRS. 13 236 Hernan Cardeno said that last fiscal year the commission designated 2 code compliance officers to be short term rental investigators. They are averaging 220 investigations. This year they are trending toward 400 cases. Since 2012 there have been about 1,200 cases that they have investigated. As far as making it proactive they have a code compliance service that has seen an increase from 17,000 annual that have gone to 41,000 last year. Just on adjudications alone since the beginning of this fiscal year there are 32 overall since 2012 317 of the 1,200 investigations were adjudicated from the Special Master. Hernan Cardeno said that this commission took action with the Mayor sponsoring to increase the first line penalties $20,000 and second $40,000 and additional $25,000 is the home is 5,000 square feet or more. He thinks collectively the commission understands what the problem is. There are many advertisements out there. Hernan Cardeno's concern is the safety and inspections. Commissioner Grieco asked if there is a way to come up with a plan because it is twofold. There are single family homes and apartments being rented out. He is wondering if we can create safe guard recommendations and go building by building to take steps to enforce the rules. He asked if Hernan Cardeno thinks we have the ability to do this. Hernan Cardeno said we can expand on community outreach. Commissioner Alem6n asked if there is something to add to lobbying agenda of what the advertisements are required to say and make it a law. Commissioner Grieco said he is concerned about the state government being allowed to legislate businesses that are not based out of the state. Hernan Cardeno said there are companion citations that can be issued to the realtor or broker of the properties. Aleksandr Boksner, Deputy City Attorney said we can hold everyone responsible in the chain of allowing and authorizing illegal use. Sometimes there is a homeowner who contracts with a realtor or maintenance company. Procedural due process needs to be provided. We can bring in force of action and lean the property so this no longer stays an issue. Commissioner Grieco said this is a good thing to put on for the summer. He said a lot of his colleagues get calls about this issue frequently. Aleksandr Boksner said the recent amendment which took affect a month or so ago allows us to use the advertisement that creates a rebuttal presumption that there is a violation of the ordinance. lt puts a legal responsibility onto the violator that they were not violating the City's ordinance. He doesn't believe it has developed enough to see how effective it is yet. Commissioner AlemSn said she does want us to reach out to air b and b. They know every single address that these short term rentals are taking place at. Commissioner Grieco asked if we are calling listings. Hernan Cardeno said after we get the complaint we go back and look on the internet to do companion violations for the 14 237 advertising, but right now we do it complaint driven. Commissioner Alem6n asked if we would create a communication piece to the realtors to let them know that we are getting serious about the violations. Hernan Cardeno suggested for Communications department to send something out and put it on social media. Aleksandr Boksner said we have had circumstances where we have issue violations to property owners for having their property advertised and that they had no knowledge this was done and they initiated legal action against the individual. This requires dedicated resources and a financial commitment from the officials to move fonryard. Commissioner Grieco said this item was a multi commissioner referral and they can meet with Aleksandr Boksner privately and give them a list of tools needed. He thinks it will not be very expensive and we can make the money back with fines. Commissioner AlemSn asked what the close rate is when violations are issued. Hernan Cardeno said this fiscal year to date we had 202 complaints and issued 1 18 notices of violation and adjudicated this month we have 32. Aleksandr Boksner said there are mechanisms of dealing with the use and occupancy in the condominiums. The City has ability to revoke the use of occupancy if there is evidence that there is a use that has not been approved, but that is a pretty heavy hammer that we have only employed a half a dozen times. Hernan Cardeno said building goes in and pulls the certificate of occupancy then they pull the utilities. Aleksandr Boksner said that is only in limited circumstances. Hernan Cardeno said this that is the enforcement of the special master order, in the March 9th amendment that was passed, the City has the ability to vacate the property with the police department without a cease and desist order. ' Kathie Brooks, Assistant City Manager asked Commissioner Grieco for the communications item if there can be a motion to the commission. MOTION: Vote of acclamation to move the item to the full commission to have the Communications department initiate contact with realtors and post on social media. 14. Discussion On The City Of Miami Beach Conducting A Design Competition For An lconic GrosswalUlntersection On 12th and Ocean Commission ltem C4O, April 13,2016 (Sponsored by Commissioner Ricky Arriola) Jose Gonzalez, Transportation Director Max Sklar, Director of Tourism, Culture, and Economic Development AFTER.ACTION Commissioner Grieco said this item and item number 14 go together. Jose Gonzalez, Transportation Director communicated with Commissioner Arriola's office today about the competition. The permanent installation of the crosswalk should 15 238 be done as the overall construction project and timed as such. Commissioner Grieco said he is expecting a budget piece this summer of the project as part of the CIP budget for fiscal year 16-17. Jose Gonzalez said they are looking at different materials and are wokring with CIP and Public Works. At this point they have about 3 or 4 options. They will be approaching the County with the options and come back with an update. Commissioner Grieco said to combine items 6 and 14 to carry on with an update for May 15,2016 NCAC meeting. DIRECTION: Combine items 6 and 14 and come back with an update May 15,2016 NCAC meeting. 15. Discuss Having ADA Accessible Playground Components !n AMity Parks Commission ltem R9G, April 13,2016 (Sponsored by Vice-Mayor Micky Steinberg) John Rebar, Parks and Recreation Director AFTER.ACTION DIRECTION: Defer to May 15.2016 NCAC meeting. 16. Discussion Regarding l-95 Express Lane Access To The Julia Tuttle Causeway Commission ltem R9P, April 13,2016 (Sponsored by Commissioner Michael Grieco) Jose Gonzalez, Transportation Director AFTER.ACT!ON DIRECTION: Defer to May 15.2016 NCAC meeting. Meeting adjourned at 5:32 P.M. JLMiKGB/MTG 16 239